ADA COMPLIANCE: DECEMBER UPDATE from Mesa Chamber of Commerce

BACKGROUNDThanks to a Chamber member, we were informed a few months ago of the lawsuits being filed against businesses and property owners in and around Mesa. We held a small meeting right away, followed by a larger forum graciously hosted by Phoenix Marriott Mesa with Attorney Lindsay Leavitt from Jennings, Strouss, and Salmon, PLC presenting. We had a great forum and were able to share quite a bit of information.

Since that time the Arizona Attorney General's Office has taken action and is now working to resolve the legal challenges.


This is a recent update from the Arizona Attorney General's OfficeOn Wednesday, December 7, the Attorney General's Office just filed a Motion to Dismiss and Motion for Judgment on the Pleadings, in which the AGO asked the Court to dismiss all of the 1,000+ Consolidated Cases without leave to amend.  Plaintiffs will now have a chance to respond to the Motion, and then we will have the ability to reply.  After that occurs, Judge Talamante may order oral argument, or may simply rule. 

 

Links for the filings are available here: https://www.azag.gov/press-release/azag-files-motion-dismiss-more-1000-lawsuits-targeting-az-businesses

 

In state court, the AGO's motion to dismiss is still pending, and AID's response is due December 27.

On December 12, Judge Wake held a hearing in federal court on whether to remand one case before him (AID v. MidFirst Bank) to state court.  Under the federal standard, if Judge Wake felt it was "absolutely certain" that a remand would be futile, he could dismiss the state claim instead of remanding.  As you'll recall, Judge Wake also raised some questions about potential ethical violations by AID's counsel.

The hearing lasted about two and a half hours.  Judge Wake extensively questioned AID about their injury (or lack thereof), their damages (or lack thereof), their settlement demands, their ethical responsibilities, and their theory of standing.  (Mr. Strojnik claimed that anyone, anywhere in the world could bring an AZDA claim as long as they had knowledge that any instance of non-compliance in Arizona existed.)  Notably, in this particular case, AID's settlement demand had dropped all the way down to $319.

Judge Wake allowed the State to participate as an amicus, and we were able to raise several points at the hearing, including: (1) AID's lack of standing under Arizona Supreme Court precedent; (2) AID's circumvention of the ADA by setting up an agreement with Mr. Strojnik in which Mr. Strojnik agrees to charge a $5,000 flat fee but then promises to "donate" the fee back to AID, thus allowing AID to collect more than it actually had to spend; and (3) the fact that many defendants are not, and were not, represented by counsel, and thus may not have realized how unreasonable AID's settlement demands were, or been able to see that AID presented inflated damages and fees amounts with no basis in fact or law. 

Judge Wake took the matter under advisement, and I will let you know when he issues a ruling.  Obviously, any ruling that he makes does not directly apply to any of the Consolidated Cases in state court, but his ruling could provide helpful information for Judge Talamante to consider when he is evaluating whether these cases should be dismissed and/or whether AID and its counsel should be sanctioned.

 

~Matthew

 Matthew du Mée | Office of the Arizona Attorney General

Senior Litigation Counsel

ADDITIONAL INFORMATION

Thanks to ABC15 Investigative Reporter, David Biscobing for his work on this story. Please follow David on his Facebook page at: https://www.facebook.com/DaveBiscobing/

Aired on ABC15: August 3, 2016

http://www.abc15.com/news/local-news/investigations/cash-for-compliance-abc15-uncovers-surprise-about-group-flooding-valley-with-ada-lawsuits  

 

Aired on ABC15: August 4, 2016

http://www.abc15.com/news/local-news/investigations/valleys-flood-of-ada-lawsuits-part-of-a-national-trend

Aired on ABC15: August 8th, 2016http://www.abc15.com/news/local-news/investigations/advocacy-group-files-another-batch-of-ada-lawsuits 

 

Special website on ABC15: 

http://www.abc15.com/news/investigators/ada-lawsuits  

 

Link to story in the AZ Republic by Maria Polletta:  

http://www.azcentral.com/story/news/local/phoenix/2016/07/18/phoenix-area-activists-businesses-go-head--head-flood-americans-disabilities-act-lawsuits/86674226/  

 

Link to story on KJZZ:

http://kjzz.org/content/347212/group-targets-phoenix-area-businesses-flurry-ada-lawsuits

RESOURCES FOR ADA COMPLIANCE   

Pacific ADA Center

ADA questions and resources

800-949-4232

 

Department of Justice's ADA Information Line

800-514-0301

 

Aaron Ament

AEC Engineering

480.390.3967

aament@aecengineering-az.com 

 

Peter Fischer

Access Architectural

480.577.1271

peter@accessarchitectural.com 

 

Nick Ade

Signarama - East Mesa

480.284.8744

nick@signarama-eastmesa.com 

 

Hank Drenth

Ace Asphalt

602.304.4018

drenthH@aceasphalt.com

 

ADDITIONAL QUESTIONS?

Please do not hesitate to send any additional questions to Chamber CEO Sally Harrison, reach her by email at sharrison@mesachamber.org or by phone at (480) 481-7780.    

Ducey Is Coming To Town



Governor's Breakfast 

When: January 12, 2017, 7:00am-9:00am
Where: Sheraton Mesa Hotel at Wrigleyville West
Canyon Ballroom D, 860 N. Riverview, Mesa, AZ 85201 
Click the Image Below to Register Online:

 

BEA Release: Decelarating State Personal Income: Third Quarter 2016

News Release
EMBARGOED UNTIL RELEASE AT 8:30 A.M. EST State Personal Income: Q3 2016

State personal income growth decelerated to 1.1 percent on average in the third quarter of 2016 from 1.2 percent in the second quarter, according to estimates released today by the U.S. Bureau of Economic Analysis. Personal income grew in every state in the second-quarter with growth rates ranging from 0.4 percent in Oklahoma to 1.4 percent in South Dakota (table 1).
For the full release and tables, visit http://www.bea.gov/newsreleases/regional/spi/sqpi_newsrelease.htm.

Earnings. Earnings increased 1.3 percent in the third quarter of 2016 and was the leading contributor to growth in personal income in most states (table 2).
Both personal income and earnings grew faster in South Dakota than in any other state. Growth in farm earnings and in finance and insurance earnings were the leading contributors to the 1.8 percent growth in total earnings (table 3).
The next fastest growing states were Pennsylvania, Minnesota, Massachusetts, and Oregon where personal income grew 1.3 percent.
In Pennsylvania, growth in health care and social assistance earnings and in professional, scientific, and technical services earnings were the leading contributors to the 1.4 percent growth in total earnings.
In Minnesota, growth in health care and social assistance earnings and in finance and insurance earnings were the leading contributors to the 1.6 percent growth in total earnings.
In Massachusetts, growth in professional , scientific, and technical services earnings and in finance and insurance earnings were the leading contributors to the 1.5 percent growth in total earnings.
In Oregon, growth in state and local government earnings and in professional, scientific, and technical services earnings were the leading contributors to the 1.7 percent growth in total earnings.For the nation, earnings grew in 22 of the 24 industries for which BEA prepares quarterly estimates (table 5). Growth in professional, scientific, and technical services; health care and social assistance; and finance and insurance were the leading contributors to overall growth in personal income.
Mining earnings fell 1.4 percent nationally in the third quarter, the eighth consecutive quarterly decline. Lower mining earnings contributed to below average earnings and personal income growth in the five slowest growing states: Montana, New Mexico, West Virginia, Wyoming and Oklahoma. In Montana, the leading contributor to slower income growth was the health care and social assistance industry where earnings declined in the third quarter after bonuses were paid in the second quarter. In West Virginia and Oklahoma, declines in state and local government earnings were the leading contributors to slower income growth.
Updates to Personal Income. Today, BEA also released revised quarterly personal income estimates for 2016:Q1 to 2016:Q2. Revisions were made to incorporate source data that are more complete and more detailed than previously available, and to align the states with revised national estimates.

###
Technical Contact
Matthew von Kerczek	(301) 278-9250	reis@bea.gov
David Lenze	(301) 278-9292
Media Contact
Jeannine Aversa	(301) 278-9003	jeannine.aversa@bea.gov
Thomas Dail		thomas.dail@bea.gov
twitter.com/BEA_News	blog.bea.gov	www.bea.gov/_subscribe

Ideas for Shopping Local: Cheers!

10 cool gift ideas for the holidays or anytime

Post Date: 12/19/2016 10:25 AM     

It’s the most wonderful time of the year when we’re filled with holiday cheer.
If you’re in the giving spirit, we offer a few fun gift suggestions for the season or for any time.  



Under $5
Mars Mud putty (ages 5+) - $3.49
Teeny Tys stuffed characters (ages 3+) - $3.99
Hape Mighty Mini bamboo toy cars (ages 3+) - $4.99
Water Wow! water reveal pads (ages 3+) - $4.99 
Under $10
Switch Pitch Ball (ages 4+) - $8.99
Play Foam sets (ages 3+) - $9.99
Hape magnetic train sets (ages 3+) - $9.99
Under $25
4D Master Amazing MaBoRun educational science toy (ages 6+) - $19.99
Stickbot Studio Pro animation toy (ages 4+) - $24.99
Learning Resources STEM Gears Starter Building Set (ages 3+) - $24.99 
“The museum features a wide variety of educational and creative toys that inspire imagination and fun,” said i.d.e.a. Museum Membership Director Darlene Zajda. “Our staff can help you select the perfect gift. Plus, museum members get 10 percent off regular shop prices.”  
Also, several books and toys are currently discounted 50 percent off. Check with Visitor Services staff for details.  
Memberships start at $55. Select memberships are on sale through Dec. 30. 
The museum shop is open 9 a.m. - 4 p.m. Tuesday through Saturday and 12 p.m. - 4 p.m. Sunday. Closed Mondays and most government holidays.
Learn more: ideaMuseum.org.

-30-

Dec. 19, 2016 
i.d.e.a. Museum
Yvette Armendariz
Marketing and Public Relations Director
480.644.4129
Yvette.Armendariz@mesaaz.gov

Twitter Cuts Off Fusion Spy Centers’ Access to Social Media Surveillance Tool

That's the headline for a report by Nicole Ozer, Technology & Civil Liberties Policy Director, ACLU of California, that was published on December 15, 2016 | 11:15 AM
As of this week, Twitter has made sure that federally funded fusion centers can no longer use a powerful social media monitoring tool to spy on users.
After the ACLU of California discovered the domesticspy centers had access to this tool, provided by Dataminr (a company partly owned by Twitter), Dataminr was forced to comply with Twitter’s clear rule prohibiting use of data for surveillance.
Twitter sent a letter to the ACLU of California this week confirming that Dataminr has terminated access for all fusion center accounts.
The letter also makes clear that Dataminr will no longer provide social media surveillance tools to any local, state, or federal government customer.

We already know that government use of social media surveillance has expanded rapidly and has been used to target people of color and activists. Now Muslim and Latino community members are facing significant threats, important political and social activism is on the rise in areas across the country, and President-elect Trump is poised to hold the keys to the vast and powerful federal surveillance system. It has become more important than ever to protect against an expanding web of surveillance.
This Twitter and Dataminr announcement applies to all seventy-seven fusion centers (six in California alone) that are currently operating in states across the country. These domestic spy centers—local-state-federal partnerships that aim to collect and analyze vast amounts of information to connect the dots about “threats”—have a history of sweeping in constitutionally protected political, religious, and artistic activity . . .

Through a public records request, the ACLU of California discovered that the Los Angeles area fusion center, JRIC, was using Dataminr and had access to the company’s powerful Geospatial Analysis Application that enables keyword searches and location-based tracking. Settings in the Geospatial App even allowed the government to focus on monitoring journalists and organizations.
Using Dataminr, fusion centers like JRIC could search billions of real-time and historical public tweets and then potentially share information with the federal government.
Twitter’s action is an important step to protect users. But social media surveillance is just a piece of the surveillance puzzle. Companies and communities will need to take further steps in the months and years ahead to build in much stronger transparency, accountability, and oversight for government surveillance and make sure that rights are properly protected.
Read the entire article here

The Arizona Fusion Center, also known as the Arizona Counter Terrorism Information Center (ACTIC), is a joint effort between the Arizona Department of Public Safety, Arizona Department of Homeland Security, Federal Bureau of Investigation and other participating agencies. 
To support the Arizona homeland security effort the Arizona Fusion Center was established and became operational in October of 2004. The Center operates on a 24/7 basis, providing both intelligence, investigative and technical support to state, local, tribal and federal law enforcement agencies as well as other agencies critical to Arizona and the country's homeland security efforts.
Website: http://www.azactic.gov/About/

 

Community Liaison Program (CLP) 

Mission of the ACTIC Community Liaison Program

- To provide a direct link between the state Counter Terrorism Information Center and the citizens, business community, and Tribal Nations in Arizona

- Establishing and enhancing intelligence gathering and dissemination by any and all means available will make Arizona the safest and most prepared state in the nation

 

 

Background

The Community Liaison Program was established in April, 2006.  It created the public outreach section of ACTIC. The program focuses on: Training, Presentations, Liaison, and Tours for Business and Public Communities in Arizona.  This program supports Arizona's and the National Homeland Security Strategies of "Strengthening Information Sharing and Collaboration Capabilities."
More than 4,000 contact representatives from 300 private and public sector organizations participate in the Community Liaison Program.

Participating Partners

Religious groups

Block watches

Private security companies

Tourism industry

Financial groups

Utility companies

Public health organizations

Educational institutions

Technology

Transportation

Community Groups

And Many More...

 

Join Now/Learn more >> http://www.azactic.gov/Community_Liaison/

Pie On Politics: Now About Power > U Listen Up. OK?

Problems with representative democracy. . . tolerance, diversity of opinion, and respect
Published on Dec 18, 2016
Views: 21,661
Pie rails against what he perceives to be a lack of respect for democracy.

NOW HIRIING > Job Opp Here in Mesa @ Allied Barton

Global Security Operations Center
Central Monitoring Station Operator
US Government SECRET security clearance required
 Prior military, security, customer service call center or dispatching experience is preferred
Salary:$16.50 - $16.50 (Hourly Wage)

More details . . .


Source: http://jobs.chiefmarketer.com/jobseeker/job/31897897/

Description

Job Description: Summary:  The Global Security Operations Center (GSOC) Central Monitoring Station (CMS) operator is responsible for receiving and processing incoming calls; along with monitoring, dispatching, and documenting security alarms.  The successful candidate will be a problem solver, possess critical thinking skills and be detail oriented. This position is responsible for using best practices for communicating information surrounding those incidents to leadership as appropriate. The GSOC CMS operator will receive calls, coordinate with others for the appropriate disposition of the calls via telephone and radio, and provide general inquiry assistance to both employees and external callers. The GSOC Call Taker supports the overall security and fire protection teams as they prepare for, respond to, and recover from both crisis and non-crisis incidents.

RESPONSIBILITIES (Major Duties):

The GSOC CMS operator is responsible for answering routine and emergency calls, monitoring alarms and closed circuit television video (CCTV) equipment including fire alarms, door alarms, and duress alarms and provides general assistance to employees, vendors and guests.

The GSOC CMS operator will respond to life safety incidents (medical, safety, natural disasters, etc.) and dispatch security officers, ERT, facilities, police, fire and EMS personnel as required via telephone and/or radio.

The GSOC CMS operator maintains various records of communications and events.

• The GSOC CMS operator communicates and disseminates information, using established communication vehicles, to key partners using best practices.
• Able to manage and handle situations of a sensitive nature and maintain company’s confidentiality and information security practices (medical record, personnel issues, investigations, public relations incidents, emergency personnel contact information, etc.).
• Create dispatch cases for every officer that is dispatched during your shift
• Collect and enter required information into Computer Aided Dispatch (CAD) program, while maintaining contact with reporting party
• Operate complex radio, telephone and computer equipment
• Assist employees, security staff, vendors and employee requests as needed
• Makes all required notifications and escalations.
        

Requirements

SKILL REQUIREMENTS (To Perform Job Duties):

 
 
Must be able to multi task
 
Have strong prioritizing abilities
 
Ability to stay calm under pressure
 
Ability to analyze problems, identify causes, and implement results oriented solutions
 
Excellent organizational and time management ability. Must be competent and literate with computers
 
Must have the ability to develop and write clear and concise emails and memos
 
Ability to handle high pressure situations and make sound decisions
 
A professional demeanor, along with excellent customer service skills
 
Ability to work independently while also being a team player
 
 OTHER REQUIREMENTS:

 
 
US Government SECRET security clearance required
 
Prior military, security, customer service call center or dispatching experience is preferred
 
Strong knowledge of security and emergency operations is preferred
 
Experience using Microsoft Office applications (Word, Excel, PowerPoint, Outlook)
 
Must pass a pre-employment background check
 
Possess a solid employment history demonstrating reliability and dependability
 
Must successfully pass drug and alcohol screening
 

								

Job Information

• Location: Mesa, Arizona, 85215, United States
• Job ID: 31897897
• Posted: December 16, 2016
• Position Title:GSOC Central Monitoring Station Operator
• Company Name:AlliedBarton
• Job Function:Telecommunicator / Dispatcher
• Job Type:Full-Time
• Job Duration:Indefinite
• Min Education:H.S. Diploma/Equivalent
• Min Experience:1-2 Years
• Required Travel:0-10%
• Salary:$16.50 - $16.50 (Hourly Wage)

 

Related content:
 

AlliedBarton and Universal Services of America Finalize Merger, Creating the Leading Security Services Company in North America

Newly Combined Company, Named Allied Universal, Provides Localized Response and National Support with Approximately 140,000 on Staff
Wendel Receives Approximately 33% of the Shares of Allied Universal and $388 Million in Cash in Exchange for Its Contribution of Its Shareholding in AlliedBarton

 

 What the AlliedBarton-Universal merger portends for the security industry  

AlliedBarton and Universal Services of America announced that they too would be joining forces. The combined company, which will operate under the AlliedUniversal brand, is expected to generate total annual revenues of approximately $4.5 billion.

by Joel Griffin On May 20, 2016

Source; http://www.securityinfowatch.com/article/12210363/what-the-alliedbarton-universal-merger-portends-for-the-security-industry        

 

AlliedBarton Security merging to form industry giant

Updated: May 4, 2016 — 3:01 AM EDT

AlliedBarton boss William C. Whitmore Jr., a former police officer who headed AlliedBarton predecessor SpectraGuard, will chair the AlliedUniversal board. Whitmore "is really a character in this industry. He's a very important guy to know," Frederic Lemoine, chairman of France's Wendel private-equity group, told investors after buying AlliedBarton last summer.
Universal and AlliedBarton didn't announce a purchase price and apparently are trying to structure the deal as a tax-free merger of equals, though Universal, which has nearly doubled in size through mergers in the past nine months, is significantly larger than AlliedBarton.

(PRNewsFoto/AlliedBarton)Steve Jones , left, CEO of Universal Services of America, will serve as CEO of AlliedUniversal. William C. Whitmore Jr., right, CEO of AlliedBarton, will chair the board. Steve Jones, left, Chief Executive Officer of Universal Services of America, will serve as the CEO of the combined company, and Bill Whitmore, right, CEO of AlliedBarton, will serve as its Chairman of the Board.

The merger is expected to be completed by 2016, with the combined company being called AlliedUniversal. With this merger, AlliedUniversal will become the leading security company in North America.^[