City of Pasadena Encourages Businesses to Obtain CASp Inspections to Strengthen Accessibility Compliance and Mitigate Legal Risk

PASADENA, Calif - The City of Pasadena is reminding local businesses and property owners of the significant legal and operational advantages associated with obtaining a Certified Access Specialist (CASp) inspection. CASp professionals, certified by the State of California, possess specialized expertise in evaluating properties for compliance with state and federal accessibility standards. Their services offer important protections to business owners and underscore Pasadena's commitment to supporting equitable access throughout the community.

A CASp inspection performed prior to the filing of any construction-related accessibility lawsuit grants the business or property owner "qualified defendant" status, which is available only through a CASp. This designation provides several legal benefits, including reduced statutory damages, a 90-day stay of court proceedings, and an early evaluation conference with the plaintiff. It also demonstrates a good-faith effort toward compliance and supports timely corrective actions.

Businesses should note that a CASp inspection conducted after a lawsuit is filed cannot confer qualified defendant protections for that particular claim. However, such an inspection may still yield meaningful legal advantages in future accessibility claims related to the inspected property. It can help determine the validity of alleged violations and establish a compliance baseline that benefits owners moving forward.

Small businesses meeting specific eligibility criteria, generally those employing 50 or fewer individuals, may also benefit from a 120-day grace period following the posting of the appropriate notice on the day of the CASp inspection. During this grace period, owners may correct identified violations without incurring statutory damages, provided improvements are made within the designated timeframe. CASps are required to follow the state's posting and reporting procedures, including timely completion of inspection reports and placement of notices at all public entrances, ensuring transparency and compliance with state regulations.

To support accessibility compliance, small businesses may pursue financing opportunities through the California Capital Access Program Americans with Disabilities Act Financing Program (CalCAP/ADA). Through this initiative, participating lenders may offer loans of up to $50,000 to assist in funding ADA-related tenant improvements. Eligible businesses include those with 30 or fewer full-time employees or annual revenues below five million dollars, as well as facilities of 10,000 square feet or less. The program's loan-loss reserve provides additional security to lenders, thereby enhancing access to capital for needed improvements.

The City of Pasadena encourages all business owners to review available resources, including the list of Certified Access Specialists, and to consider proactive CASp inspections as part of their ongoing facility management and risk-reduction efforts. Businesses in need of legal assistance may also access free services through the nonprofit Bet Tzedek at bettzedek.org, including its ADA compliance lawsuit guide for California small businesses.

The City of Pasadena does not and cannot provide legal advice. This press release provides information from the California Department of General Services and is intended only to inform the public on this matter.

For questions regarding the CASp program, businesses may visit: www.dgs.ca.gov/DSA/Resources/CASp-Property-Inspection or contact the Division of the State Architect at (916) 445-8100 or via email at [email protected].