ADA compliance is in a complicated situation these days. I'm going to go ahead and point out the elephant in the room, ADA Compliance in temporary workzones.

When you look at the MUTCD Chapter 6D.01 & 6D.02 they clearly lay out how a workzone that interrupts pedestrian walkways should look. The problem here is "should" this word affects the intensity of the requirement and allows engineers to use their best judgment to decide whether or not to include them within the traffic control plan. To be frank I think this would be ideal if engineers could look at a location and say yea or nay. The problem is that this language is not congruent with the California Disabled Persons Act Stated below

C. California Disabled Persons Act (Civil Code §§ 54-55.2) The Disabled Persons Act (DPA) guarantees to persons with disabilities "the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, … public facilities, and other public places" and also incorporates the ADA, making ADA violations also violations of this act.

This section "C" allows people with disabilities to sue if they are not properly accommodated in any public location. In fact, right now Oregon DOT is facing a huge lawsuit and doing everything in their power to accommodate it. See the real problem right now, especially in California is that the standards and enforcement put out by the department of transportation are not in line with the current laws of the Americans with Disabilities Act. 

Currently, you have a mixed bag when you talk about ADA compliance. Some people love it and some people hate it. Some companies are implementing it regardless of the requirements and others are waiting for it to become mandatory. This puts all companies in a tough situation because if they include ADA accessibility it will increase set time & equipment on the job site and they will likely lose the bid to someone who is not including it. On the other hand, if they don't include ADA accessibility then they have to hold their breath and hope in they won't be sued.

The good news is that there is plenty of products and competition already in the marketplace. What are your thoughts? Where do you think we go from here?

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