Lessons Learned from Recent ADA, Section 504, and Fair Housing Litigation
1.5 HR CE, APAC-BE #137 1.5 CEU, ACTCP 1.5 Elective, AIA/CES #APA 324 1.5 LU|HSW, ICC #43401 .15 CEU
presented by Robert Fine and Bill Hecker
In this session, two architects discuss “cutting edge” federal accessibility laws litigation and the lessons learned from the perspective of an accessibility expert witness and a defense attorney, each involved in recent facility compliance cases related to curb ramps, multifamily housing, “short-term” transient lodging among other key topics. Case studies from ADA, Section 504, and Fair Housing Act facility compliance litigation in which each has personally been involved will be presented along with discussions of how accessibility specialists may become and succeed as expert witnesses and/or litigation consultants in similar cases.
Key accessibility issues covered include construction tolerances, “safe harbor” issues, federal technical assistance available to support facility compliance arguments, the definition of transient lodging, how confusion over accessibility code compliance can lead to violations in federal facility compliance violations, and how Title II program access issues in ADA & Section 504 curb ramp cases may conflict with street resurfacing compliance duties.