programs for socializing, whether it is ideas about how to make your life safer, whether your communities are safer, or whether it is just how to make the city a happier place, we need that input. so i want to thank all of your family and friends here today because they will need your support. every commissioner that served in public capacity always sacrifices personal time, and your sacrifice will be well worth it, i assure you. because i will listen and supervisors will listen as you go through your deliberations. all we ask is that you create an opportunity for us to listen to you carefully and make sure we consider your ideas to help make the city better. so before we do the official swearing in, i know that board president chiu would like to share a few words and also supervisor avalos as well.

[applause] supervisor chiu: thank you. i want to add my congratulations to the folks that he has that. there are a couple of folks i would also like to of knowledge. first of all, mario from the youth commission. [applause] who has done an incredible job in helping to mentor our future leaders. i also want to recognize someone who recently joined the staff. [applause] thank you for the work you are doing. and there is one other group of folks that we have to take a moment to acknowledge, and that is your mothers and fathers. can we give it to the parents in the house? [applause] and, of course, all the other surrogate parents that i know are here along with your biological parents. as many of you know, the commission was born 15 years

ago. that means it is a 15-year-old teenager. i have to tell you, when i was 15 years old, i could not find city hall on a map. congratulations for being, as mayor lee said, our next generation of leaders. [applause] without the work that you do, mayor lee, john avalos, hydra mendoza -- we would not have ideas about how to improve public safety, how to improve our schools, or i do not think any of us would have thought about the importance of providing free muni you have shown tremendous leadership. you represent the diversity of san francisco. you represent our neighborhoods and every corner of our city. you inspire us.

when you are able to come together, it signals to us, the adults of city hall, that we also have to come together. we have to work together. she is excited as well. [laughter] i want to tell you to keep on fighting and in part in the wisdom -- imparting wisdom you can see through your eyes as we're deliberating here. i look forward sunday to working on the campaigns of some of you here -- someday to working on the campaigns of some of you here. i look forward to working with you as you head up our city departments, non-profits, companies, and this great city of san francisco. thank you and congratulations. [applause]

>> you have touched on many aspects of your work as commissioners. you have acknowledged your family's supporting you as well. i want to say thank you for your service. thank you for taking on this leadership role. it is not just looking at your future. it is about looking at what your present is like. that is a huge commitment you are making to your peers and generation. that is knowledge can bring to us to help us make decisions at city hall. i think it is a great idea whose time has come. the work the youth commission did last year working with community organizations and youth from around the city was exceptional and worthy of action on our part to make sure it gets done. i wanted to say thank you for that. i want to acknowledge other folks who have gone on to public

office from the recent youth commission. jesse is on the city council berkeley. exceptional things are going on that you will have access to in terms of government service. it is not just working as elected officials. nonprofit workers, julie has had an exceptional career serving in people. we have nicole in the back to used to be a staffer at the youth commission who is now doing a lot of great political work. you may know her. i want to say thank you for taking on this leadership role. i look forward to working with you over the next year. i work very closely with the youth commission. i am very excited about the things we can do together, crafting legislation, approving budgets, insuring the young people continue to have a voice that will be acted upon by government. thank you so much. [applause]

>> are you ready? if i may say this, first of all when they say free muni, let's make sure we know where the money is coming from. we have to be responsible. i want to say congratulations. now you are going to take up the responsibility you have not taken up before. it is no longer about you. it is about us and our city. i want to make sure that you know that as you deliberate and recommend to me and the board of supervisors, the police chief, hydra, know that it is no longer a recommendation for the city. we are in international city. your recommendations will be viewed around the world, not just in san francisco. it will be around the world in

hundreds of difference of languages -- in hundreds of different languages. we realize we're not just a city of san francisco in the state of california. we are san francisco, known throughout the world to provide leadership and hope to provide many other countries in the world. what you say will be heard around the world. note that. please stand and raise your right hand. police say your full name and repeat after me. i, full name, do solidly a firm that i will support and defend the constitution of the united states and the constitution of

the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california, that i take this obligation freely, without any mental reservation or purpose of evasion. i will well and faithfully discharge the duties upon which i am about to injured during such time as i hold the office of youth commissioner for the city and county of san francisco. congratulations.

[cheers and applause] ♪ >> hi, everybody. my name is carmen chu. why don't we get started. with a marking up with the department of small business -- we have been working with the department of small business. this project started when we

heard from neighborhood merchants. unfortunately, they had access issues, visibility access issues. we have been working closely with many of our partners year today to educate about these -- many of our partners year today to educate about these issues. also in terms of board guidance. i want to thank all of you for coming. many of you may have assistance. i know many merchants could not be here. please do it share this information with other merchants in the area. we have virginia from the office of small business. we have roger from the bar

association. no carla johnson from the office of disability. -- we have carla johnson from the office of disability. i want to especially it acknowledge my colleague to help us get the resources and brought legal expertise to the table. i do not want to take too much of your time. thank you for coming. >> thank you, supervisor chu. i want to express my admiration for a supervisor chu's commitment to you. so, from our office, what we heard, many small businesses were receiving lawsuits regarding it the ada. tonight we will hear about the legal requirements, what has

been in place. any small businesses that nderst informed as far as their obligations for the ada, there are the mechanisms to provide that information to you. so, we are tasked with providing the information. there have been about 300 small businesses that have received the lawsuits. knee individuals who use this mechanism and come up -- the individual to use this mechanism. while it is important to have ada access, but we want you to understand there are individuals out there taking a look at your vulnerability. we have a packet of information for you tonight.

we have it in english and chinese. we have a quick summary of the laws. the ada, calif. building code, the civil rights, and our experts here will elaborate. we also have a list of certified caps at work in san francisco for you. carla johnson with the mayor's office of disability has created a really good it died of out to interview your experts to make sure you are getting the best quality product for you. been next -- the money you pay for the inspection you can take as a tax deduction.

any money that if you have taken can be applied as a tax deduction. this can be done on an annual basis. next, the opportunity, and a fund -- opportunity loan fund, providing for small businesses to pay for the inspection or to make improvements needed. to do it before you receive the lawsuit. and lastly, we of the bar association and their resources. they're providing their legal service for you. this last thing i am going to share with you in terms of what we have seen in our office is that with the individuals, that

does not necessarily mean an individual will follow up with a lawsuit. what we've seen in our office is the individual's will send you a letter and say there were compile -- compliance issues. where people get in trouble is they ignore the letter. we need to make sure it that your pro-active and responsive. when a business receives a letter, they need to contact our office. the merchants of been very proactive -- have been very pro- active. the businesses that have received a letter and passed an

inspection after receiving the letter have staved off a lawsuit. the cap inspection is a very good risk management tool. often it is not as durable as you may think it to be. our office is there for you as our resources. we are able to provide our services, follow-up questions in english, spanish, cantonese, and mandarin. and then -- and then, roger, you will -- >> yes. i am an attorney in private practice.

the laws in this area are strict compliance laws, and they are very specific. the federal law since 1990 indicates issues from 1998. all businesses, such as a grocery store, a dentist's office, restaurants, a doctor's office, virtually anything that a member of the public comes into the -- comes into needs to be a barrier-free. we will go over what barriers are. every public accommodation needs to be wheelchair-accessible. there are also other other forf disability.

most of the issues we are hearing about are wheelchair accessibility issues. there is a small group of private individuals who are wheelchair-down that go around the city and they look at small businesses. and i dare say anybody in small restaurants have some accessibility issues. it is another attempt at making your building wheelchair accessible. i am not sure which of you may be merchants and which it may be landlords. the law applies to both. and that means you were 100% liable for any barriers to access and any damages that may be associated with those

barriers. there are ways you can defend yourself. with your landlord or at senate -- or a tenant, this can avoid a lot of problems later on. the inspections offer a limited attempt at bringing a civil action for damages. it does not affect the ability to bring damage claims under the symbol laws. however, most lawyers -- they will not pursue the case. so, oftentimes, it works it to stop the lawsuit before it starts if you do that inspection.

they are not particularly expensive. so, it is something someone would want to do. you will get a tax credit. if you need to make changes in the structure of your premises, there are also tax credits for that. most of these cases start with a letter. a demand letter. that is usually signed not by a lawyer, but by it up plaintive. the plaintiff may not be a professional plaintiff. that does not make any difference. the defense has been tried in court. is a civil rights statute. -- it is a civil rights statute.

they can be a perfectly legitimate plaintiffs to bring a lawsuit, and there are a number of people who belong to disability organizations that actually, that is what their livelihood is, bringing these lawsuits. the gentleman over here, who was also a lawyer knows of at least one case involving two lawsuits. they started all neighborhoods. the target places like san francisco because this is an old city with old buildings, virtually none of which comply. we only have new construction that would be billed to 1988 compliance standards, usually. whatever kind of business you have, the building part does not enforce ada compliance.

you have your architect look at the ada if you are going to make a major revision anyway. is very expensive to do that. the demand letter is a requirment for the state -- is a requirement for the state laws to be brought. for civil rights cases, you are expected to know the law and be in compliance. they do not make a demand under federal law saying they should ask you for damages. and the damages could be substantial. the damages are based on the number of barriers encountered by the person when they're going to inspect the premises.

these people will come and visit your business barack, three, or four times. they will sit at the counter if you have a counter. they will sit at a table. that are well aware of what the legal requirements are of the height of the table and the length of the legs, whether the bathroom is compliance, whether there is appropriate sign it. the first barrier is access to the premises itself. adding is? . -- adding steps. having a ramp that is too steep is an access issue. there are ways to deal with those. having a power door or something

of that nature. of power door -- you have seen those with the wheelchair symbol on it. it will open the door. the person on the wheelchair does not have to try to wrestle with the door to get in. it is much more immediate access if you of something like that. that is the first barrier to someone, if they are entering a business premises. the next issue is usually in bathrooms. a lot * -- a lot of times, but is difficult to comply with depending on the size of the establishment. to make a wheelchair-accessible bathroom, it takes a lot more space than a regular bathroom. so, it is a problem oftentimes with small businesses. especially if you have to do two

of them. and it cost about $15,000 to $25,000 to build a wheelchair- accessible bathroom. for restaurants, bars, it's a truck, there is an issue on the height of the counters -- for restaurants, bars, at such wreck, there is an issue on the height of the counters. that keller would make the person wheeling up on in the chair not be able to be eye level. you cannot have it like that. you have to have a portion of the counter down level. it is 34 inches. i daresay most of the counters

will not be that size if you have a business like that. however it may be. that is not what the normal business layout is. tables. there is a percentage based on the number of seats that have to be wheelchair-a accessible. they are required to be appropriately designated with a placard. you can get that any press run supply store. in place with commercial interiors can furnish you with those placards. you also have to have a sign out front that your business is wheelchair accessible. and various signing issues. each one of those things you do not have if someone must use to you is a separate claim. the statutory damages are

$4,000. a person can come back three times and see three different wheelchair-accessibility issues, that is nine claims. the attorneys' fees are only recoverable -- only the plaintiff has the ability to get the attorneys' fees. if you fight a lawsuit and win, you do not get attorneys' fees. is a one-sided statute. the policy is to promote access. one of the issues for a merchant to look at is your least. virtually every commercial lease, what ever the business maybe come up switches to the tenants all responsibility for code compliance. what that means is coming you

have to indemnify the landlord on the insurance or the least, or any money that the landlord may have a. clearly, the landlord -- the lease does not stop the plaintiff from suing the landlord. therefore, the attorney for the plaintiff is going to target the person they are getting the money from. it does not let the tenant of the hot. the tenants in their lease is contractually responsible to the landlord. there are ways that can be dealt with between the landlord and the tenant. i have represented landlords. i have represented tenants. at some point, i represented both because they have a common interest even in that. obviously, they both have to make the space accessible either

now or later, so it is best that they work together if they can. and work together to save us -- to hire a single lawyer. they can make repairs or what ever is in their agreement. sometimes, when the tenant is the small business and does not have much cash flow, one way to do is to renegotiate the lease, where the cost is amortized over a longer period time. it is another way to spread the payments back to the less financially available person. would you do if you get one of these notices? if you have not had your property inspected already, or if you do not do it following this program -- which i recommend you do -- you should have