CASp
CASp - Certified Access Specialist Program: What is it and how it helps you avoid an ADA lawsuit.
A Certified Access Specialist (CASp) is a professional certified in California to assess and ensure compliance with accessibility laws like the Americans with Disabilities Act (ADA) and the California Building Code. While CASp certification is specific to California, the expertise and services provided by these specialists are invaluable to businesses and organizations across the United States.
A CASp Report entitles a property owner to a 90 day stay or a temporary halting of all litigation preventing attorneys from engaging in motions, discovery or other activities that compound legal fees. It will also provide the owner an early evaluation conference administered by the courts where both parties will have the opportunity to explore if the lawsuit can be settled.
For example, if the lawsuit is based on an alleged violation that would be easy for the business or property owner to fix and the business or property owner is willing to resolve the issue quickly, the parties will be able to discuss whether further litigation is necessary. Without the possession of a CASp report prior to a lawsuit, the business owner cannot take advantage of certain court protections.
Does having a CASp report mean I’m 100% compliant?
No. In fact, no business or facility is 100% ADA compliant. However, by creating and working a plan based on our common sense approach found in our reports you will greatly reduce your exposure and risk for an ADA lawsuit.
The background on CASp …
On January 1st, 2009 Senate Bill 1608 became law and brought about a voluntary certification program by the state of California regarding construction related disability access issues.
It is a balanced piece of legislation protecting the disabled public and businesses alike. The bill encourages property owners and business owners to take proactive measures in becoming compliant with applicable state and federal requirements. It also clarifies and amends disability access laws to reduce the unwarranted “drive-by” lawsuits that have cost businesses and property owners millions of dollars.
Contact our team, answer a few questions, and agree to the fee for the inspection and report. Our Certified Access Specialist will survey your location and produce a report. We’ll review the report with you to ensure sure you understand its content and plan of action.
If your property is found to be compliant, you will be issued a certificate to be posted. If your property has deficiencies that will not be completed immediately you will be required to produce a document listing the violations and a schedule in which they will be addressed. You will be issued a certificate in a pending status. The report, CASp certificate and document showing the upgrades and timelines is kept on file in case of a lawsuit.
How to get your CASp Report
Legal Safeguards Beyond California
Although CASp is a California-specific designation, the insights and strategies they provide are applicable nationwide. States across the U.S. enforce ADA compliance, and many have their own accessibility laws. A CASp expert’s ability to interpret these complex requirements helps businesses in any state navigate compliance with confidence, ensuring your organization meets all necessary standards.
