— Steven J.
We have not seen any tool to help with this analysis. What we have seen is it is usually up to the owner to do the accounting. As is with readily achievable, it is the plaintiff that must prove that it is not readily achievable, we would expect that that it would be the same.
The one thing that owners must realize. There is STILL an ongoing barrier removal requirement so just because they meet the 20% disproportionality does not mean that they don’t have to continue removing barriers. So as soon as the alteration is done, any barriers that they did not remove as part of the alteration still have to be removed. The question that remains is when.