EXPERIENCE
FINANCIAL INSTITUTIONS
We have represented banks, credit unions and others in the financial service industries in defending ADA Title III claims involving ATMs, lobby design, parking, restrooms, counter heights and various other accessibility issues. We have also assisted financial institutions in evaluating real estate portfolios for ADA compliance.
HOTELS
We regularly represent hotels, resorts and others in the hospitality industry in defending against ADA claims and in assuring compliance. We have litigated many of these claims to a defense verdict, and have represented hotels in negotiations with the Department of Justice investigations regarding ADA compliance. We have also assisted in ADA compliance across various brands and in connection with brand upgrades
ANIMALS
Service animals serve an important purpose, and are specifically regulated. Unfortunately, many people take their "pretend" service animals places they shouldn't. We have represented restaurants, theaters, grocery stores, hotels and condominium associations in achieving ADA and FHA compliance for service animals.
DEVELOPERS, DESIGNERS and CONTRACTORS
We have represented hundreds in the land use and construction industries in defending ADA Title III claims. We are currently working with the design build team for the design and construction of the Hilton Grand Vacations Resort in Las Vegas Nevada to assure ADA compliance. We have represented others in obtaining permits and resolving development design issues with Cities and Counties across the state. We have also defended hundreds of claims regarding sales and rental office accessibility, as well as accessibility in model homes.
WINERIES
We have represented nearly 100 wineries across California in defending ADA Claims, and in evaluating tasting rooms and other public facilities for compliance. We have also spoken at many wine association meetings about how to protect wineries from ADA litigation.
BIOGRAPHY
KATHI FINNERTY
FOUNDER
Tel: 916.783.1644
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"AV" Peer Rated Lawyer in Martindale-Hubbell Law Directory
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Best Lawyers in America
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U.S. News and Review and Best Lawyers Sacramento
I am privileged to have been a lawyer since 1992, and have worked in law offices since 1981.
I am passionate about practicing law. I enjoy problem-solving. I have great respect for the courts, the laws and those who honorably practice within them.
I started handling ADA defense cases in 2002. Banks were among the first to be hit with ADA civil suits. Then developers, retailers, restaurants, wineries and others started being sued.
Since 2002, I have represented more than 2,000 businesses and more than 4,000 facilities ~ with excellence. I am frequently hired to mediate or arbitrate ADA cases, and embrace the collaboration of business and persons with disabilities to make the world more accessible in a sensible way.
I have actually successfully taken ADA cases to trial, and have prevailed on several ADA motions for summary judgment. Several ADA plaintiffs have paid my clients money to settle their frivolous claims.
If you want a top-tier ADA defense lawyer, please contact our office today.
TESTIMONIALS
Kathi Finnerty is simply one of the smartest, hardest working and most dedicated lawyers I have worked with.
She knows the law, she knows the technical elements, and she knows the opponents. She worked tirelessly do get our case resolved, and saved us a tremendous amount of money.
Our family is very thankful.
Gene Zanger, Casa de Fruita
Kathi Finnerty handled our very complex ADA litigation with grace and power. Our opponents were extremely passionate, and we had what seemed like infinite complaints from the Plaintiffs, but Kathi got it organized, analyzed and ultimately resolved in the amount of time most lawyers would have taken to even figure it out. Our Board was very pleased.
Bobby Gorman Infineon Raceway
We send our most difficult cases to Kathi Finnerty. We have worked with her offices since early 2000, and are continuously impressed by her knowledge of the ever changing laws, and her ability to organize thousands of details across multiple facilities. We had her office handle our Department of Justice audits for more than 40 hotels across the country, and the regulators were very pleased with her work, as we were we.
John R. Smith, Archon Group
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What is "Accessibility"?""Accessibility" is the combination of various elements in a building or area which allows access, circulation, and the full use of the building and facilities by persons with disabilities.
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What is the difference between "accessibility" and "universial design"?""Universal design" is a broader, more comprehensive "design-for-all" approach to the development of architecture around human diversity. It recognizes the changing diversity of needs important to all types of people regardless of their varying age, ability, or condition, during an entire life. By comparison, "accessibility" has traditionally focused on addressing the needs of a few people with separate circumstances from those of the public at large, when in fact almost everyone is, over the course of their lifetime, quite able to benefit from barrier-free design, user-friendly architecture, and comfortable environments.
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What is the purpose of the California accessibility requirements?It is the intent of the California Legislature that the building standards published in the California Building Standards Codes (Title 24) relating to accessibility by people with disabilities shall be used as minimum requirements to ensure that buildings, structures, and related facilities are accessible to, and functional for, every member of the public, so as to provide equal opportunity to access public accommodations. Access is to be provided to, through, and within the buildings, without loss of function, space, or facility where the general public is concerned.
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Why are the California Building Standards Code (Title 24) requirements more stringent than the federal Americans with Disabilities Act (ADA) requirements?The regulations in California were developed by the Division of the State Architect, Access Compliance, eight years before the United States Congress passed the ADA. The current California Building Standards Code was written to provide a single code which would meet all of the most stringent requirements of the original California Building Standards Code, as well as the 1991 Federal Fair Housing Amendments Act and the Americans with Disabilities Act Accessibility Guidelines.
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Who is the building official?The "building official" is the officer or other designated authority charged with the administration and enforcement of this code, or the building official's duly authorized representative in accordance with state law. Local cities and counties have building officials who regulate construction in their jurisdiction. State funded construction on state property is often regulated by a state agency, such as the Division of the State Architect. Sometimes public construction has more than one building official -- each has separate jurisdictional oversight responsibilities.
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Can I get a waiver from the access requirements?The California Building Standards Code says that you must get a final determination from the local building official that your project has an unreasonable hardship. This is rarely granted for new construction. Existing buildings undergoing alteration are sometimes allowed to depart from the literal requirements of the building code only when equivalent facilitation is provided.
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What is "equivalent facilitation"?""Equivalent facilitation" is an alternate means of complying with the literal requirements of these standards and specifications that provides access in terms of the purpose of these standards and specifications. In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk of harm, injury, or other hazard to such persons or others.
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Can DSA help me settle a dispute I am having with my local building inspector who says I must provide access to my restaurant?No, because DSA is a separate jurisdiction. By law, only the local building authority can make a final determination as to code enforcement issues.
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Do point-of-sale transaction counters require a lower check writing surface for people who use wheelchairs?On state funded projects under DSA jurisdiction, DSA approves projects that provide a lower transaction counter which is minimally 36 inches in width and no more than 34 inches high above the finished floor. If your project is under a local jurisdiction, check with the local building official to see if the same enforcement policy is utilized.
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Do all the living units in an apartment building need to be accessible?Accessibility is required to all covered multifamily dwellings on the lowest floor in buildings without elevators. Certain exceptions apply to multistory units, or smaller buildings such as single or duplex units. In covered multifamily dwellings in buildings with elevators, all units are required to be located on an accessible route. Within the units, the requirements are for accessibility are allowed to be for adaptable dwelling units.
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What is a "covered multifamily dwelling"?""Covered multifamily dwellings" are all dwelling units in buildings consisting of three or more privately funded dwelling units if such buildings have one or more elevators; and all ground floor dwelling units in other buildings consisting of three or more dwelling units.
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Is an elevator required in "covered multifamily dwellings"?"No, as long as the first dwelling level floor above grade is accessible. Some buildings have parking on the lower floor, and a ramp, wheelchair lift or elevator will be required to provide access to the lowest dwelling level floor above the parking.
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What is an "adaptable dwelling unit"?"An "adaptable dwelling unit" is a dwelling unit in a building with a building entrance on an accessible route designed in such a manner that the public and common use areas are readily accessible to and usable by a person with a disability, and all doors are designed sufficiently wide to allow passage into and within all premises by persons who use wheelchairs as required by the building code.
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What are the general requirements of the California Building Standards Code accessibility regulations?Accessibility to buildings or portions of buildings shall be provided for all occupancy classifications except as specifically modified by the building code. Individual occupancy requirements in the code may modify the general requirements for accessibility, but never to the exclusion of them entirely — unless the requirements for an individual occupancy specifically overrides a general requirement. Multistory buildings must provide access by ramp or elevator, with elevator exceptions available for some buildings. Generally, two story office buildings are not required to have elevators, although all other accessible features are still required on upper floors.
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Accessibility requirements can be difficult to understand. Can DSA help me determine what I must do in my construction project?Construction law is quite difficult, and takes experienced professional expertise. The Division of the State Architect functions as a building oversight agency on state-funded construction projects, and can only direct you to general resources at your local building department. If DSA is the jurisdictional authority, our "California Access Compliance Reference Manual" has all of the building code accessibility regulations and policies used on projects under DSA approval authority. The Manual is available as a free download as an Adobe Acrobat (PDF) file. The Manual is also available in hardcopy at technical bookstores throughout California.
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Does a factory need to be accessible?Yes, the following areas are required to be accessible: Major or principal floor areas shall be made accessible. Office areas shall be made accessible. Sanitary facilities serving these areas shall be made accessible.
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What about access to hotels?Hotels, motels, inns, dormitories, resorts, and similar places of transient lodging shall provide access for persons with disabilities in accordance with the provisions of the accessibility requirements of this California Building Code. Accessible guest rooms or suites shall be dispersed among the various classes of sleeping accommodations to provide a range of options applicable to room sizes, costs, amenities provided, and the number of beds provided.
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Must I provide separate accessible toilet facilities?The California Labor Code requires separate facilities whenever there are more than four employees. Where separate facilities are provided for nondisabled persons of each sex, separate facilities shall be provided for persons with disabilities of each sex also. Where unisex facilities are provided for persons without disabilities, at least one unisex facility shall be provided for persons with disabilities within close proximity to the non-accessible facility.
OUR ADDRESS
3017 Douglas Blvd., Suite 230, Roseville, CA 95661
Email: KFinn@KFinnertyLaw.com
Tel: 916.783-1644
For any general inquiries, please fill in the following contact form:
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