Quoted:
Surprised there aren't more stories like this, it's a law ripe for abuse.
For the most part these scumbags target small business with the aim of settling out. The ADA should never been passed as civil legislation. Period. Because it was, the writers of the code books are very hesitant to offer any clarifications. Unfortunately I deal with the ANSI standard every working day, its a bit different than the ADA but just as ludicrous. For example 104.2 ANSI A117.1-2003 reads:
"Dimensions. Dimensions that are not stated as 'maximum' or 'minimum' are absolute.
All dimensions are subject to conventional construction tolerances."
I have written a few letters to the writers asking for clarification as to what they mean by "conventional construction tolerances". To this day I have not received a response. It will open their company to liability if they answer. Because it is passed as civil legislation everything has a lawyer attached to it.
I have read about a few cases where shitbags whom make their living filing discrimination law suits against usually small business (they are more likely to settle out than fight) over items that are not required to be accessible. This is usually an existing building that was renovated at sometime under a current code. Some of the jerks brining suit will ignore the fact that an existing building that undergoes a renovation remaining in the same occupancy classification is NOT REQUIRED to fully comply with the current accessibility code under ANSI. They are only required to spend 20% of their costs on accessibility upgrades, thats it. The intent is to bring these existing buildings into compliance gradually so the cost of bring the building into full compliance in one shot does not kill a business.