Stay ADA Compliant & Avoid Costly Lawsuits with Forticon’s ADA Improvement Services

Is your property up to code with ADA regulations and California’s Unruh Civil Rights Act? If not, your business could be exposed to hefty fines, legal claims, or worse—a preventable lawsuit. At Forticon, we specialize in ADA improvement services to help California property owners protect their investments and create accessible spaces for all.

Why ADA Compliance Matters in California

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in all public accommodations, including commercial buildings, schools, retail centers, and offices.
But in California, property owners face an extra layer of legal obligation due to the Unruh Civil Rights Act, which mirrors and extends the protections of the ADA at the state level.

The Legal Risk is Real

State and federal lawsuits
Fines up to $4,000 per violation under the Unruh Act
Damaged reputation
Mandatory retrofits with increased urgency and cost

With California’s aggressive litigation environment, thousands of small businesses and property owners are sued every year for ADA violations that could have been avoided with proper planning.
Here are just a few of the local noteworthy cases where property and/or business owners were sued and it costs them tens of thousands of dollars, sometimes even causing the company to close it doors.

Here are a few real ADA‑related lawsuits in Oakland and the East Bay area—real examples of property owners or businesses hit with large legal claims due to non‑compliance:

🏢 1. Kowbird (West Oakland) – ADA Lawsuit and Business Closure

In January 2025, West Oakland’s Kowbird, founded by chef Matt Horn, faced a lawsuit in U.S. District Court (N.D. Cal.) alleging improper wheelchair access, including lack of accessible entryways and path of travel. East Bay Companies Hit with a Rash of ADA Violation Lawsuits
This ADA litigation was cited as one of multiple challenges contributing to Kowbird’s eventual closure, with Horn acknowledging “To the extent there are ADA issues … we’ll take care of it.” The plaintiff, Albert Dytch, has filed more than 180 ADA suits in California San Francisco Chronicle.
Local discussion confirmed that Kowbird displayed ADA inspection signage and residents noted the narrow layout wasn’t accessible Reddit.

2. Multiple Alameda Businesses (Park Street area, Alameda) – Hundreds Sued by Serial Litigant

In mid‑2021–2022, dozens of small businesses along Park Street, Alameda received ADA lawsuits from a serial plaintiff (Orlando Garcia), alleging violations such as blocked handicap parking or uneven ramp slopes. Small Businesses in Alameda Targeted With Spate of Americans With Disabilities Act Lawsuits
Mark Rogers of Lola’s Chicken Shack reported legal fees already reaching ~$5,000, with potential total costs up to ~$30,000, even though he believed his ramp was ADA‑compliant DISABILITY LAW.
The Sandwich Board also faced litigation; the owner called for dismissal and classification of the plaintiff as a vexatious litigant after being sued despite having no known violations. Alameda Businesses Fight Back Against Serial ADA Lawsuit Filer

These cases illustrate the real risk of quickly escalating legal fees and settlement pressure—even when violations may be minor or disputed.

3. Lamorinda Area (Near Oakland) – Unruh Act Damages

Nearby Moraga and Orinda saw serial ADA filings by plaintiff Meryl Pomponio. Cases such as Genuine Goodness restaurant and Moraga Garden Center were targeted under the Unruh Civil Rights Act, which allows statutory damages of $4,000 per violation, plus attorney fees, even where actual damages are absent. Are there lawyers that protect small businesses from this serial ADA filer?
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For example, one restaurant fought claims over a piece of furniture placed in a handicap spot. The owner estimated total liabilities up to $40,000 or more depending on court or settlement outcomes The Orinda News.

What Is a CASp Inspection—and Why You Need One

A Certified Access Specialist (CASp) is a California state-certified professional who evaluates sites for compliance with federal and state accessibility standards. At Forticon, we can refer you to a licensed CASp inspector to provide a comprehensive ADA evaluation of your property.

Benefits of a CASp Report:

Identifies barriers to access on your site
Provides a prioritized list of necessary improvements
Offers limited legal protection if completed before a lawsuit
Demonstrates a “good faith effort” toward compliance

If you obtain a CASp report before being sued, you may qualify for a stay of legal proceedings and reduced statutory damages.

Common ADA Violations on Commercial Properties

Many ADA issues are overlooked by owners and tenants until it’s too late. Here are some of the most common violations we address:

Improper parking lot striping and missing ADA signage or wheel stops
Lack of necessary van accessible ADA stall with loading zone
Non-compliant wheelchair ramps, curb cuts, or paths of travel
Uneven, crumbling, or even too steep sidewalk paths of travel

Forticon’s ADA Improvement Services

At Forticon, we don’t just help identify ADA problems—we solve them.
With years of experience in asphalt, concrete, and general construction, we offer turnkey ADA improvement services that include:

ADA Parking Lot Upgrades

Restriping ADA stalls, access aisles, and paths of travel
Installing proper ADA signs and wheel stops
Sloping correction to ensure proper grade for ADA stalls and paths of travel

Concrete & Sidewalk Accessibility Repairs

Replacing lifted or cracked concrete
Installing curb ramps and detectable warning surfaces also called truncated domes
Ensuring 2% or less cross-slope for wheelchair routes

Forticon’s ADA Compliance Process

We make ADA compliance simple and stress-free. Here’s what working with Forticon looks like:

Contact Forticon – One of our estimators or project managers, that are well versed in ADA rules and regulations will discuss your project over the phone and plan a site walk or direct you as to the next step to take.
Site Visit and Inspection – We will walk the site with you and discuss your options. If there are obvious changes to be made, we will help you connect with a CASP professional.
CASP Report – You will recieve a report from the CASP professional detailing all improvements you must make. At this point you are somewhat protected from any lawsuits that may arise.
Detailed Proposal – Once we recieve the CASP report, we will generate a detailed proposal and scope of work for your project in order to ensure you meet all recommendations provided by the CASP professional. We will discuss the entire process with you and are always available to answer any questions.
Permitting and Construction – Forticon handles everything from demo to finish, ensuring full code compliance.
Final CASp Certification – Optional final inspection and documentation for your records.

We help property owners throughout the Bay Area and Northern California achieve full compliance while improving safety, accessibility, and value.

Don’t Wait for a Lawsuit—Be Proactive

A large percentage of ADA lawsuits in California are filed by repeat plaintiffs and law firms looking for easy settlements. The best defense is prevention. By proactively upgrading your property and documenting improvements, you can protect your business, improve access for everyone, and avoid costly litigation.

Why Choose Forticon?

Specialists in ADA upgrades for asphalt and concrete
Experienced with both small and large-scale commercial properties
Work directly with CASp professionals
Licensed, bonded, and insured California contractor
Responsive, reliable, and results-driven team

We understand the law, we know construction, and we care about getting it right.

Get Started Today with Forticon

If you’re unsure whether your property meets ADA and Unruh Act standards, now is the time to act. Forticon offers free initial consultations and can help you take the first step toward compliance.
📞 Call us today or fill out our contact form to schedule your ADA site evaluation.