What followed was the unpleasant surprise of trying to get the Building Departments to follow the code. Little did I know that it would take the rest of my life pursuing accessibility code enforcement. . One of the best examples is where my business is located. The address is 19100 SW 106 Avenue, a 29 unit warehouse, where almost every entrance has two or three violations of the Accessibility Section of the Florida Building Code. Why did I move in here? I was desperate for a good location, in the aftermath of 9-11, which lead to many of my peers closing their businesses, as well as being abused by Bellsouth in regard to what they did to my business listings. (They just published another Yellow Page book this summer without my three business listings.)  This 19100 location is on the same street as Home Depot with a high potential of business customers. (Business website: www.signs-tshirts-trophies.com) This building was built just four years ago. Next to it is 19200 SW 106 Street, with the same major building code errors. It was just built in 2005. These two mint green buildings are the most wheelchair unfriendly buildings built in modern times. Both are riddled with ADA and Florida Building Code violations. Neither building should have made it past the building inspections. Red flags are everywhere, for any competent building official.

Did I turn in my new landlord’s Jeff and Gary Gittleman over for the violations at 19100 SW 106 Avenue? No. Did I talk to his contractor who also leased space in this center? You bet. I met with him before the lease was made and we discussed the door violations and how easy it was to pass this shoddy work with the Building Department . While I did not report my landlords I mentioned the violations to over a hundred people in the construction business, hoping someone else would make the complaint. I had recently lost a previous business location on S. Dixie Hwy. when that owner was sued in Federal Court for ADA violations. I didn’t ever know who the plaintiff was, but I got tagged for it by the owners, and was evicted at the first opportunity of late rent.

I get in trouble either for reporting the access law violations, pursuing enforcement and for criticizing the Miami-Dade Building Department as being one of the worst for access code enforcement. The Building Department has a vast arsenal of pay backs, one of which is to let it be known that it was Denny Wood or it must have been Denny Wood. I get tagged for lots violations I never report.

My first building code disaster at this new business location with the current landlord, Gary Gittleman, came after I parked my van in front of his office and occupied one of the two empty disabled parking spaces and wheeled to my business along the level area of the parking lot. This level area is behind the parked cars. (They like the empty disabled parking space as it provides a good view of the rental offices.) He followed me to my business, and ordered me to use the blue lined access path he provided that ran along the front of the building. I explained that wheelchairs do not run well on unleveled paths. (code violation)  He accused me of wanting to get hit by a car backing up so I could sue him for damages. His last heated and angry words were “one slip and I was out of here”, meaning one late rent payment. As he walked away he gave me the finger as I tried to reason with him. This was followed that day with a request of proof of insurance and later a copy of my DERM permit. The harassment was on and would continue for a year. I began paying the rent with cashier's checks and getting a written receipt for the cashier's check as the "one slip and you are out!" was for real.

To defuse the situation, I never parked in the center again. I parked across the street just to protect my lease renewal which would be in April 2005.

The landlord then engaged in a series of petty dirty tricks, and at lease renewal time the Building Department told him that it must have been me, who reported his newest building for some violation. This was followed with the termination of my lease. My lease had a two year option, which I exercised, but I must re-locate by April of 2007. I was not given a five year lease with an option like my peers. Instead, I got a letter saying I had to move after the two year option ran out.

In a way, a weight has been lifted and I shared my problem with my organization the Florida Paraplegic Association, Inc., and we have jointly sued the Ideal Warehouses in Federal Court for the massive violations at 19100 and 19200 SW 106 Avenue. These two buildings are the worst in modern building construction. They are the most wheelchair unfriendly buildings in South Dade County.  The Building Department allowed the landlords to repeat all the violations at the next new building. Recently, Gary Gittleman ridiculed me in the parking lot as how I didn’t know the difference from the index finger and the shoot the bird finger. I would like to share some pictures of the daily parking behavior of Gary and his brother Jeff, have these signs along the unleveled access aisle that they claim is for people with disabilities. Yet each day, when Gary arrives for work he parks his vehicles directly on top of the access aisle. His motorcycle with the words “Sucker Punch” on the gas tanks can always be found in the access aisle. His other vehicle, a black SUV, is parked there when he drives that vehicle. This motorcycle can quickly hit 70 MPH in the center driveway and street quickly. He does this a lot. Gary, does not wear a helmet. Gary is a “developer”. His word, not mine. His first two buildings as a "developer" are in Federal Court due to massive building code violations.

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These signs are along the unleveled blue lined path.

The landlord’s motorcycle or other is always parked in the aisle, near the no Parking Sign.

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This cart is used for taking Tenants on wild rides to the Places for rent. When not in use it blocks the 24 inch maneuvering space at  the latch side of the door. It never has been parked in a parking space.	This promotional vehicle, from day one was parked in the access aisle and is parked there daily. It has never been parked in a parking space.

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This is Gary Gittleman abusing the blue lines, where he gets his morning coffee. There is ample space around the corner to park the cart. Note the no parking sign above the cart. The cart parks here several times a day. His posing is an example of how funny he thinks his behavior is to the photographer.

Our current Miami-Dade Commissioners, who make less than $7,000.00 a year have been bending over backwards to appease the Developers who want less and less Building Code interference. They want their plans good or shoddy to move quickly through the Building Department.  Their Building Director has seen the writing on the wall and complies. There used to be three people who inspected plans just for accessibility. Now this position has just one such accessibility inspector.

Each new building by the time it is open for business is riddled with access violations. The Building Code Director’s suite has the highest illegal counter in the county. The counter outside his suite, which is loaded with documents is too high. The reception counter where inspectors review plans is also too high. These high counters are on the second floor all adjacent to the director’s suite. And this is all new construction. On the entrance level is a reception counter, also too high. On this level is a long table for computers, also too high. If you are wondering why new banks do not have at least one area for people in wheelchairs to operate, this Building Department and their list of illegal code violations might give you a clue. Counters in commercial buildings are not part of the Building Department's duties, they think.
 

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This illegal high counter is in the Building Department Director’s suite of offices.	This illegal counter is outside the Building Department’s Director’s suite of offices.

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This illegal reception desk is down the hall from the Building Department Director’s suite of offices.	This reception desk is on the entrance level of the Building Department. Missing is the long desk on the first level where computers are located, all too high. Security put a stop to the picture taking. Homeland Security at it’s best.

I have sent out a lot of e-mails about this shoddy construction, and it has gotten me at least two Building Inspections of inspectors with cameras taking pictures of my store’s interior. If there are code violations, they are electrical. You see, I hired the landlord’s electrician to install my ceiling lights and ceiling fans.

Now that the ADA suit has been filed, the Building Department is all over the center. I of course, am being blamed for everything. It didn't help that many of the tenants did not bother to get zoning licenses or Department of Environmental Regulation Permits and licenses or building permits to install air conditioning and interior build outs. I have said that there are more code violations at this center than one can imagine. I also have no faith that the Building Inspectors can find half of the Accessibility violations. This would take education. This would require a new Building Director, who has trained accessibility plans processors, an accessibility chief, a trained staff of accessibility inspectors who use the check list of accessibility items that the Florida Paraplegic Association, inc. has developed. The accessibility plans processors would give out this checklist to all architects and developers bringing plans to the Building Department with the understanding that the Accessibility inspector would be using the same check list for the final inspection. This would take a revolutionary and dramatic incorporation of the Accessibility Discipline within the building department like Plumbing, Mechanical, Electrical, Building and Fire.

When there are massive Mechanical violations in a building it is hard to seek compliance. Accessibility violations are now not just a state issue, it is a Federal Court issue. And there are people with disabilities in Miami-Dade County who are planning to take every business that the Miami Dade Building Department will not bring into compliance in to Federal Court.

It is time for the County Manager and County Commission to wake up. They can stop the Federal law suits. To do this they must make Accessibility violations in new construction and existing construction with access code violations nonexistent before they pass out licenses to do business.