Noisebridge Space Program/Accessibility

Enforcement

DOJ’s and DOT’s ADA Standards are not a building code, nor are they enforced like one.

They constitute design and construction requirements issued under a civil rights law.

The ADA’s mandates, including the accessibility standards, are enforced through

investigations of complaints filed with federal agencies, or through litigation brought by

private individuals or the federal government. There is no plan review or permitting

process under the ADA. Nor are building departments required or authorized by the

ADA to enforce the ADA Standards (some building departments even include a

disclaimer on their plan checks indicating that ADA compliance is not part of their

approval process). Entities covered by the law ultimately are responsible for ensuring

compliance with the ADA Standards in new construction and alterations.

With respect to the Uruh Civil Rights Act, The code of California states:

(5.1.5c) "This section shall not be construed to require any construction....or modification what is required by law..."

(5.2a) "Whoever denies...or makes any discrimination contrary to section 51, 51.5, or 51.6...is liable for each and every offense for the actual offense...no less than 4,000 dollars"

Context

Noisebridge falls under the context of a public accommodation, and therefore the 2010 STANDARDS FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES TITLE III section (page 15) of the [File: ADAstandards.pdf ADA Standards].

Penalty

As the ADA constitutes a requirement by law to make spaces accessible, California's code makes any and every violation a violate of civil rights, with a penalty of at least $4,000 for each instance of a violation, not just the existence a violation.

Major Documentation

• ADA Standards
• Guide to the ADA Standards

• Remove architectural barriers (barrier removal) to make sure

your business is accessible, even when your business is not otherwise contemplating construction. This includes existing barriers at entrances, aisles, bathrooms, and service counters that may have predated the ADA and your ownershipntities covered by the law ultimately are responsible for ensuring compliance with the of the business. The California's Disabled Persons Act goes further, and makes a violation of the Federal ADA a violation of California civil rights law, and allows people with disabilities to sue a violating business to recover monetary damages.