Who’s In Charge Of Enforcing ADA In Orange County?

Key Takeaways

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in public spaces, employment, and transportation.

While the ADA sets federal guidelines, enforcement varies depending on state and local authorities.

In Orange County, ADA enforcement is a priority, with multiple agencies working together to ensure compliance at the federal, state, and local levels. Businesses need to understand who oversees ADA compliance to avoid fines and lawsuits.

In this blog post, we will explore the key players in ADA enforcement in Orange County, how these organizations collaborate, and what steps businesses must take to stay compliant.

Understanding ADA Compliance In Orange County

Understanding ADA Compliance In Orange County

ADA compliance in Orange County covers accessibility in both physical and digital spaces, ensuring equal access for individuals with disabilities. 

Compliance includes physical accommodations such as accessible entrances, parking, and restrooms, as well as digital accessibility for websites. Enforcement is a collaborative effort among federal agencies, state authorities, and local building departments.

The ADA’s Web Content Accessibility Guidelines (WCAG) also play a critical role in digital compliance. Websites must be designed to ensure that people with visual, auditory, cognitive, and motor disabilities can access the content. This includes providing screen reader compatibility, proper color contrast, and keyboard navigability. Non-compliance with these standards can lead to legal action.

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The Role Of The Department Of Justice (DOJ) In ADA Enforcement

The Department of Justice (DOJ) is the primary federal agency responsible for enforcing ADA compliance

The DOJ has broad enforcement powers, including investigating complaints, filing lawsuits, and imposing fines for violations. Businesses and public entities in Orange County must comply with the ADA under the DOJ’s supervision; failure to do so can result in significant legal consequences.

The DOJ can enter into settlement agreements with businesses to address violations and establish a timeline for achieving compliance. In some cases, the DOJ may require companies to retrofit buildings, adjust websites, or provide accessible signage to meet ADA standards. Businesses that violate the ADA may face lawsuits initiated by the DOJ, private citizens, or advocacy groups.

Example: A notable case involved a large retail chain in Orange County that faced a lawsuit from the DOJ for failing to provide accessible parking and entrances. The company had to invest significantly in retrofitting and was subject to ongoing DOJ oversight until compliance was achieved.

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Local Building Departments And Their Role In ADA Enforcement

In Orange County, local building departments, such as the City of Anaheim’s Building Division and the Orange County Building Department, play a crucial role in ADA enforcement

These departments ensure that new construction projects and renovations meet both state and federal accessibility standards, as well as local regulations specific to Orange County.

Local building inspectors work closely with contractors and architects to verify that accessible parking spaces, ramps, entrances, and restrooms meet ADA standards. Failure to comply with these regulations can delay construction projects and result in fines or mandatory retrofitting.

Building Code Enforcement And ADA Standards In Orange County

Building Code Enforcement And ADA Standards In Orange County

Orange County adheres to the California Building Code (CBC), which incorporates ADA standards into state law. 

This means that businesses must comply not only with federal ADA guidelines but also with specific state requirements that may be even stricter.

Building code enforcement is primarily the responsibility of local building departments, which inspect facilities and construction projects to ensure compliance with ADA standards. Inspectors evaluate elements like the width of doorways, ramp slopes, accessible signage, and restroom accommodations. Businesses are required to comply with these regulations before opening or renovating their premises.

Local building departments can issue penalties for non-compliance, which often results in costly retrofits.

PRO TIP!

Familiarize yourself with both state and federal agencies involved in ADA enforcement, as they work together to ensure compliance in California.

Mark Thompson

ADA Compliance Specialist

ADA Complaints And Lawsuits

ADA lawsuits are on the rise. Businesses can face lawsuits from individuals with disabilities who encounter barriers to access, as well as from advocacy groups. 

These lawsuits often lead to significant financial consequences, including court-ordered changes to facilities and monetary damages.

Common ADA violations include:

  • Inaccessible entrances or parking
  • Lack of proper signage
  • Insufficient restroom accommodations
  • Non-compliant website accessibility

Businesses can avoid these lawsuits by conducting regular ADA audits and staying updated on ADA guidelines. Local government agencies and the DOJ handle complaints by investigating claims and determining if violations exist.

Handling ADA Violations: The DOJ’s Process

Handling ADA Violations The DOJ’s Process

Once an ADA violation is reported, the DOJ typically starts an investigation. 

This process involves collecting evidence, interviewing parties involved, and inspecting the business or property. If the violation is confirmed, the DOJ may negotiate a settlement agreement or take the case to court. In severe cases, businesses may be fined or ordered to make significant changes to meet compliance.

Businesses are encouraged to address violations as soon as possible to avoid penalties.

The Importance Of ADA Inspectors In Compliance

The Importance Of ADA Inspectors In Compliance

ADA inspectors, often referred to as ADA auditors, conduct in-depth evaluations of businesses and public spaces to ensure they meet all ADA requirements

Inspectors examine physical spaces for accessibility, focusing on features like ramps, doorways, signage, and restrooms. They also provide reports detailing any deficiencies and recommendations for remediation.

Martin Brothers ADA Inspection Services specializes in thorough inspections, helping businesses avoid lawsuits and ensuring ADA compliance. Inspectors work with businesses to address violations quickly and efficiently.

The Role Of The Division Of The State Architect (DSA)

The Role Of The Division Of The State Architect (DSA)

California’s Division of the State Architect (DSA) is responsible for ensuring that public buildings, such as schools and government facilities in Orange County, comply with ADA standards. 

The DSA reviews architectural plans and oversees construction to ensure accessibility is integrated into the project from the start.

The DSA also collaborates with local building departments to maintain ADA compliance during and after construction. Their oversight ensures that state-owned and operated buildings are fully accessible to individuals with disabilities.

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Certified Access Specialists (CASp) And ADA Compliance

Certified Access Specialists (CASp) And ADA Compliance

In addition to the DOJ and local building departments, Certified Access Specialists (CASp) play a critical role in ADA enforcement.

CASp inspectors are certified by the state to assess a building’s compliance with ADA regulations and provide businesses with official reports and guidance on improving accessibility.

A CASp inspection offers legal benefits to businesses, as obtaining a CASp report can protect them from potential ADA lawsuits. Businesses with a CASp inspection in place may have reduced liability and more time to address any accessibility issues identified in the report. By working with experts like Martin Brothers ADA Inspection Services, businesses can ensure full compliance and avoid costly legal actions.

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How To Stay Compliant And Avoid Common ADA Violations

How To Stay Compliant And Avoid Common ADA Violations

To stay compliant with ADA regulations, businesses in Orange County must regularly review their accessibility features. 

This includes conducting annual ADA audits and keeping up with changes in federal and state guidelines. Common violations that businesses should watch for include:

  • Lack of accessible parking and entrances
  • Non-compliant signage and restrooms
  • Website accessibility issues, such as missing alt text and poor navigation

By addressing these areas proactively, businesses can avoid fines, lawsuits, and the cost of retrofitting. Partnering with ADA experts like ADA Inspection Orange County is a proactive step toward ensuring compliance.

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ADA compliance in Orange County requires careful planning and regular audits. For businesses looking to avoid penalties and lawsuits, we provide professional inspections that cover all aspects of ADA accessibility.

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Frequently Asked Questions

Written by Warren Glenn

Mark Thompson is a passionate ADA Compliance Specialist with over 15 years of experience. His journey began as an environmental technician, where he recognized the importance of inclusive design. With a keen understanding of ADA regulations, Mark helps businesses navigate compliance challenges and creates welcoming environments for all.

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