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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My granddaughter plays soccer County Middle school in

Customer Question

my granddaughter plays soccer for Spencer County Middle school in Taylorsville, 1st game tonight, I just found out where their field is. It is about 25ft higher than the parking lot of the school. you have to walk up the hill to get to it, now if it is dry weather, they have a dirt road you can drive up to the field, of course we have had rain, hard rain, for at least 10 days, so the field is inaccesible if you cannot walk. Is that against the law? I had surgery on my leg in 2010 with removable of 18 inches of artery removed and replaced with a vein, this restricts my walking ability, I have a handicap placard on my car. ther is no way I can walk up that hill, which is not a gentle slope, it is almost straight up.
Submitted: 8 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 8 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of experience handling ADA related matters, such as this one. It is a pleasure to assist you today.

The answer CAN depend on how old the facility is, or when it was built. The Americans with Disabilities Act (ADA) requires new stadiums to be accessible to people with disabilities so they, their families, and friends can enjoy equal access to entertainment, recreation, and leisure.

That said, since this is a public facility, and not a private stadium, you do have the ability to file a complaint. The 2010 ADA standard on this issue went into effect in 2012 nationally. There are two changes to the law that have relevance to your situation. Here they are:

3. Cross Slope and Level Landings

Description: Accessible routes with cross slope and level-landing requirements will be permitted to slope a maximum of 1:48 (2.1%)
Change from previous standard: Maximum slope of 1:50 (2.0%)
Effective date: January 1, 2014
Original source: Multiple 2010 ADA code citations for cross slope and level landings. Relevant 2013 CBC code citations: Multiple code citations for cross slope and level landings.
Notes: This change is made to maintain consistency with the International Building Code/ANSI standards. A Smart Level is accurate to within 0.1%. Previously, a slope measurement would require a 2.2% to be definitively considered as noncompliant (outside the range for margin of error), but this would now be a 2.3% measurement.

4. Accessible Route: Areas of Sport Activity

Description: An accessible route must be provided to connect to the boundary of each area of sports activity.
Change from previous standard: The previous general requirement for accessibility is now a specific code citation to require accessible routes to sports areas.
Effective date: March 15, 2012
Original source: 2010 ADA Advisory 206.2.2
Relevant 2013 CBC code citations: Section 11B-206.2.18 and 11B-206.2.12
Notes: As referenced in the 2010 ADA Advisory statement, this includes soccer fields, basketball courts, baseball fields, running tracks, tennis courts or other areas of school sports activity. Where multiple sports fields or courts are provided, an accessible route is required to each field or area of sport activity.

In addressing the issue, you need to first place the school on notice of the requirements and that they are not ADA compliant. You should do this with a certified letter and return receipt. Ask that the issue be remedied and that in the mean time to reasonable accommodation be made for you.

If they do not acknowledge this and assist, you can file a complaint with the US Department of Justice. They can then address the issue on your behalf and on behalf of others similarly aggrieved.

Let me know if you have any other questions. Please also rate my answer positively (three or more stars) on the interface on your end, so I can receive credit for my work.

Best wishes going forward!

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