Accessibility Compliance and Dispute Resolution

     Combining his architect’s design experience with his legal expertise in local, state and federal accessibility law to find responsible and lasting accessibility solutions, Mr. Cole has represented numerous public entities, retail and restaurant property owners, hotels, hospitals, and educational institutions in accessibility disputes in Illinois, Florida and Washington, D.C.

 

Approach

      In the past, some developers, designers, property owners, commercial businesses and public entities have regarded compliance with local, state and federal accessibility laws as burdens rather than opportunities to provide their products, programs and services to a growing segment of society.

      As a result, much design and operation of public and commercial facilities seeks to comply only with the minimum requirements mandated by law – regarding accessibility requirements such as the Americans With Disabilities Act Accessibility Guidelines (ADAAG), as merely another code compliance issue.  This is shortsighted, reflects a poor design philosophy, and, increases the risk of litigation.

      Mr. Cole has successfully represented public entities and business owners in resolving many accessibility disputes by seeking solutions that not only comply with applicable legal and physical requirements, such as the ADAAG, but to the extent physically and economically feasible, exceed them. 

      This accomplishes two important goals:  to provide greater access to persons with disabilities – thereby enhancing the quality of life for persons with disabilities and expanding a business owner’s potential user and customer base – and, it builds in tolerances for construction or maintenance errors, thereby reducing the risk of future accessibility claims.   

      Mr. Cole is a strong proponent of Universal Design principles.

 

Accessibility-Related Legal Services

      Mr. Cole offers a wide range of legal services related to accessibility dispute resolution and existing condition assessment for compliance with the Americans With Disabilities Act, The Rehabilitation Act of 1973, Fair Housing Accessibility Guidelines and other local, state and federal accessibility requirements. 

 

Dispute Resolution

- Litigation

- Mediation

- Arbitration

- Negotiated Settlements

- Accessibility Advocate Bridge Building

- Expert Witness Services

 

Existing Conditions Assessments

 - Accessibility Surveys/Existing Condition Reports

- Design Review

- Accessibility/Historic Preservation Exceptions

- Public Programmatic Review

- Training

- Coordination with Design Professionals

About Gary Cole AIA, ALA, Esq.

Gary L. Cole AIA, ALA, Esq. is a Chicago-based Illinois-licensed architect and Illinois and Florida-licensed attorney with over twenty years experience in real estate development, design and construction, historic preservation and accessibility matters.

He is one of the few individuals in the country to hold licenses in both law and architecture and brings a unique perspective to both his legal practice and his writings on LawArk.

Contact:
garycole@lawarkbuilding.com
727-793-4725
Skype Name: garycole77
Twitter Name: lawark

Member AIA
General Disclaimer

Posts, comments and links contained in LawArk are for informational purposes only and are not offered as legal or architectural advice, nor confidential attorney-client communication, nor do they contstitute advertising or a solicitation of any kind. Posts and comments reflect only the opinion of the author(s), and do not necessarily represent the opinion of LawArk's contributors, sponsors, or any author's employer.

And most of all - readers should always seek legal advice about their specific situations only from their attorneys, and architectural advice only from their architects.

Visitors