We’re often asked to explain how ACCESS Advocates’ attorney fee is free to people with a disability, so here goes…
The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, natural origin and sex. The American’s With Disabilities Act (ADA) is a Federal anti-discrimination stature designed to remove barriers which prevent qualified individual with disabilities from enjoying the same opportunities available to persons without disabilities.
Congress knew civil rights law was not going to be easy so they gave the federal courts the power to rule on civil rights law. Congress also knew that the people who were being discriminated against would not have the money to litigate in federal court so they made it free to them.
ADA Title III, Regulation 36.505, Attorney Fee: “In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.”
The Analysis: “Section 36.505 states that courts are authorized to award attorneys fees, including litigation expenses and costs, as provide in section 505 of the Act. Litigation expenses include items such as expert witness fees, travel expenses, etc.”
The professional architectural work products of ACCESS is included as an attorney fee. [Read more about our in-depth audit process here.] So, if your disability is an ADA-qualified disability you are entitled to all of the above. These fees are paid by the building owner as ordered by a federal judge.
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