AzDA complaints from the AID Foundation

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Why did I receive a letter/complaint?

What do I do now?

What is a position statement?

What happens if I decide not to respond to the complaint?

Am I being sued by the Attorney General?

Should I hire an attorney?

What is the procedure for my case?

What is the Office of the Attorney General’s role in my case?

What if there are errors in the letter/complaint that I received?

I received a notice of dismissal – what does this mean?

What are the laws related to this case?

What is a public accommodation?

What is the difference between AzDA and ADA?

The AzDA is an Arizona law enforced by the Arizona Attorney General’s Office. The ADA is a federal law.  The public accommodations provisions found in Title III of the federal law are enforced by the U.S. Department of Justice. The two laws are substantially similar.

 

Compliance Dates for New Construction and Alterations

Applicable Standards

On or after January 26, 1993 and before September 15, 2010

1991 Standards

On or after September 15, 2010, and before March 15, 2012

1991 Standards or 2010 Standards

On or after March 15, 2012

2010 Standards

 

If neither construction nor alterations have been undertaken since before January 26, 1993, compliance with 2010 Standards to the extent readily achievable is required.

What are the requirements under AzDA?

The AzDA requirements for parking facilities and elements are the same as the ADA requirements. They depend on whether the 1991 Standards or the 2010 Standards apply. For example: 

Sign height

Under the 1991 Standards, accessible parking signs must be located so they cannot be obscured by a vehicle parked in the spot. 

Under the 2010 Standards, accessible parking signs must be at least 60” above the finished floor or ground surface measured to the bottom of the lowest portion of the sign.

Space and access aisle width

Under the 1991 Standards, accessible parking spaces must be at least 96” wide and must have an adjacent access aisle as an accessible route to the building or facility entrance. Access aisles for accessible parking spaces must be at least 60” wide, except for van accessible spaces which require an access aisle of at least 96” wide. 

Under the 2010 Standards, accessible parking spaces must be at least 96” wide and have a 60” wide access aisle. Van accessible parking spaces may be either at least 132” wide with a 60” wide minimum access aisle, or the van accessible parking space may be 96” wide with a 96” wide access aisle. 

Under the 1991 Standards and the 2010 Standards, two accessible parking spaces may share a common access aisle.

Number of accessible parking spaces

The required minimum number of accessible parking spaces is the same under both the 1991 Standards and the 2010 Standards, and depends on the total number of parking spaces provided. The 2010 Standards clarify that the parking may be provided in lots or structures or both. The minimum required number of accessible spaces under both standards is illustrated by the following chart:

 

Total Parking in Lot

Required Minimum Number of Accessible Spaces

1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1001 and over

1
2
3
4
5
6
7
8
9
2 percent of total
20, plus 1 for each 100 over 1000

 

Number of van accessible parking spaces

Under the 1991 Standards, one in eight of the accessible spaces, but not less than one, must be served by an access aisle at least 96” wide and must be designated “van accessible.”  

Under the 2010 Standards, for every six accessible spaces or fraction of six parking spaces required by the chart, one space must be a van accessible space.

Markings

Under the 1991 Standards, accessible parking spaces must be designated as reserved by a sign showing the symbol of accessibility. Van accessible parking spaces must have an additional “van accessible” sign mounted below the accessibility symbol.

Under the 2010 Standards, accessible car and van parking spaces must be marked and access aisles must be clearly marked. In addition, accessible parking space identification signs must include the International Symbol of Accessibility (shown below), and signs identifying van parking spaces must contain the designation “van accessible.” However, if there are four or fewer total parking spaces on a site, a sign identifying the accessible parking space(s) is not required.

What if I do not own the property?

What if I have not made any changes to my parking lot since before March 15, 2012?

What if I made changes to my parking lot on or after March 15, 2012?

What is the ACRD?

What is a Compliance Officer?

Who can I call with questions?

I do not have disabled customers or my disabled customers have not complained – do I need to comply with AzDA?

What is the purpose and history of AzDA?

Where can I find supplies to update my lot to comply with AzDA?

You may find ADA technical assistance materials specifically for businesses and non-profits here. Assess whether your business is in compliance, or what other readily achievable actions you can take, by using the ADA Checklist.

Where can I find additional information on AzDA?

Why should I comply with AzDA?