(File Photo – accessibility.org)
The City of Pasadena is encouraging local businesses and property owners to obtain Certified Access Specialist (CASp) inspections, highlighting the legal and operational benefits of proactively evaluating properties for compliance with state and federal accessibility standards.
By News Desk
CASp professionals, who are certified by the State of California, assess properties for compliance with accessibility requirements. According to the City, obtaining a CASp inspection before any construction-related accessibility lawsuit is filed can provide business and property owners with significant legal protections.
Businesses that complete a CASp inspection before a lawsuit is initiated may qualify for “qualified defendant” status. The designation can reduce statutory damages, provide a 90-day stay of court proceedings, and allow for an early evaluation conference with the plaintiff. The City said it also demonstrates a good-faith effort to comply with accessibility laws and supports prompt corrective action when barriers are identified.
City officials noted that inspections conducted after a lawsuit has been filed do not provide qualified defendant protections for that specific claim. However, a post-lawsuit inspection may still offer legal benefits in future accessibility claims by helping determine the validity of alleged violations and establishing a baseline for compliance.
Small businesses that meet certain eligibility requirements—generally those with 50 or fewer employees—may also qualify for a 120-day grace period after the required CASp notice is posted on the day of the inspection. During that period, eligible businesses can correct identified accessibility violations without incurring statutory damages, provided the improvements are completed within the required timeframe. CASp inspectors are required to follow state procedures for reporting inspections and posting notices at all public entrances.
Eligible small businesses may also be able to finance accessibility improvements through the California Capital Access Program Americans with Disabilities Act Financing Program (CalCAP/ADA). Participating lenders may offer loans of up to $50,000 for ADA-related tenant improvements. The program is available to businesses with 30 or fewer full-time employees, annual revenues under $5 million, or facilities measuring 10,000 square feet or less. A loan-loss reserve established through the program provides additional security for participating lenders.
The City is encouraging business owners to review available accessibility resources, including the state’s directory of Certified Access Specialists, and to consider CASp inspections as part of their ongoing facility management and risk-reduction efforts. Businesses seeking legal assistance may also access free services through the nonprofit Bet Tzedek, including its ADA compliance lawsuit guide for California small businesses.
The City emphasized that it does not provide legal advice. The information is based on guidance from the California Department of General Services and is intended solely to inform the public.
Businesses with questions about the CASp program may contact the Division of the State Architect at (916) 445-8100 or by email at CasProgram@dgs.ca.gov.
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