©2015 the mcintosh group, llc - nfmt · quiktrip: the consent decree ... ada lawsuit repellent...
Post on 02-Sep-2018
217 Views
Preview:
TRANSCRIPT
©2015 The McIntosh Group, LLC
•
•
•
•
•
•
•
•
•
Brad Gaskins, AIA, CASp, NCARB
©2015 The McIntosh Group, LLC 2
Ya’ll!
And I don’t speak with a drawl…
©2015 The McIntosh Group, LLC 3
©2015 The McIntosh Group, LLC 4
Before we get started…
©2015 The McIntosh Group, LLC 5
Why are we here today?
©2015 The McIntosh Group, LLC 6
©2015 The McIntosh Group, LLC 7
Timeline of the Americans with Disabilities Act
©2015 The McIntosh Group, LLC 8
Title IEmployment
Title IIGovernment
(state and local) Title IIIPublic Accommodations
and Commercial Buildings
Title IVTelecommunications
Title VMiscellaneous
Regulations
ADA Standards
©2015 The McIntosh Group, LLC 9
©2015 The McIntosh Group, LLC 10
Civil Rights Law
NOT
What is the most important thing to know about the ADA?
©2015 The McIntosh Group, LLC 11
©2015 The McIntosh Group, LLC 12
NOaren’t responsible for interpreting or enforcing
the ADA
no process to obtain a
variance
What does the ADA feel like?
©2015 The McIntosh Group, LLC 13
© 2015 The McIntosh Group, LLC 14
It depends!
What is the most common answer to a question about
the ADA Standards?
© 2015 The McIntosh Group, LLC 15
What must comply?
§
•
•
•
•
• ±
•
• ±
•
§
©2015 The McIntosh Group, LLC 16
Existing building obligations
NO
©2015 The McIntosh Group, LLC 17
©2015 The McIntosh Group, LLC 18
What about Safe Harbor?
YES
©2014 The McIntosh Group, LLC 19
"Federal NOS: Civil Rights: ADA-Other... Court Trends & Analysis." Monitor Suite®. Web. 29 Jan. 2014. <http://www.monitorsuite.com>.
©2015 The McIntosh Group, LLC 20
ADA Lawsuit Trend
0 500 1000 1500 2000 2500 3000 3500
2007
2008
2009
2010
2011
2012
2013
"Federal NOS: Civil Rights: ADA-Other... Court Trends & Analysis." Monitor Suite®. Web. 29 Jan. 2014. <http://www.monitorsuite.com>.
© 2015 The McIntosh Group, LLC 21
Where are the lawsuits?
Scale
07 to 13
13 to 28
28 to 41
41 to 53
53 to 76
76 to 99
99 to 156
156 to 223
223 to 396
396+
•
•
•
•
•
•
•
•
© 2015 The McIntosh Group, LLC 22
QuikTrip: The Consent Decree
•
•
•
•
•
© 2015 The McIntosh Group, LLC 23
QuikTrip: The Result
© 2015 The McIntosh Group, LLC 24
Burger King: July 2010
this was just 10 stores
$750,000± per store
© 2015 The McIntosh Group, LLC 25
Burger King: October 2012
this was just 86 stores
$217,000± per store
© 2015 The McIntosh Group, LLC 26
Starbucks
© 2015 The McIntosh Group, LLC 27
Starbucks
To vindicate the public interest, the Justice Department may
seek civil penalties…
Not exceeding $55,000 for a first violation; and
Not exceeding $100,000 for any subsequent violation.
© 2015 The McIntosh Group, LLC 28
Civil Penalties
© 2015 The McIntosh Group, LLC 29
Attorney’s Fee and Costs
•
•
•
•
© 2015 The McIntosh Group, LLC 30
ADA Lawsuit Repellent
Introducing…
How to become an unappealing target
© 2015 The McIntosh Group, LLC 31
© 2015 The McIntosh Group, LLC 32
Demographics
Source: U .S . Census Bureau, Survey of Income
and Program Participation, May–August 2010
© 2015 The McIntosh Group, LLC 33
Demographics
Americans with Disabilities Source: U .S . Census Bureau, Survey of Income
and Program Participation, May–August 2010
© 2015 The McIntosh Group, LLC 34
Spending Power
Sources: Travel Industry Association of America/Harris Interactive/Open Doors/Society for Accessible Travel and Hospitality Survey, 2002; The National
Organization on Disability/Harris Interactive - Survey of Americans with Disabilities, 2004; Diversity, Inc,2001; Within Our Reach: Findings and
Recommendations of the National Task Force on Technology and Disability, 2000; Simmons Market Research Bureau, 2000.
•
•
•
•
•
•
© 2015 The McIntosh Group, LLC 35
Spending Power
$220 BILLION in discretionary spending
Video courtesy of and © 2013 Guinness and Co.
© 2015 The McIntosh Group, LLC 36
© 2015 The McIntosh Group, LLC 37
Don’t stick your head in the sand!
© 2015 The McIntosh Group, LLC 38
Knowledge is the key!
© 2015 The McIntosh Group, LLC 39
Questions?
© 2015 The McIntosh Group, LLC 40
top related