In Search of Compliance under Title II of the ADA
The present status of disabled access in California’s cities and counties reminds me of an episode from Leonard Nimoy’s 1970’s series “In Search Of . . .“. I realize I may be dating myself, but the point I’m trying to make is very simple: whatever happened to Title II compliance?
In fairness, Title II compliance in California (or lack thereof) is not limited to public municipalities. In the past six months, my office has received reports of access barriers involving a number of other Title II entities including public universities, community colleges, school districts, park districts, utility districts, and even public hospitals.
It’s the “new construction” that really gets me. Title II mandates that all new (i.e., post-ADA) buildings and facilities constructed by public entities be free of architectural barriers that restrict access or use by individuals with disabilities. It boggles the mind how a public entity can build anything in this day and age and still fail to make it accessible. Is it apathy or just a lack of knowledge? I guess that’s a question only public entities can answer.
For example, my office is involved in a pending Title II case with the Folsom Cordova Unified School District. In its initial discovery responses, FCUSD produced a copy of a recent disabled access survey for a public elementary school built in 2006. The survey is 67 pages and documents over 160 separate ADAAG and/or California Building Code violations.
One thing is for certain: as long as public entities continue to build barriers, Title II cases will continue to be filed.
Leonard Nimoy, where are you?
Cable Gallagher attorneys have experience handling nearly all types of civil litigation. 
©2009 Cable | Gallagher