Got Your Six

If you ever watch any old movies about World War II, you will almost
always see an airplane scene. These scenes are usually full of quick
correspondences between pilots characterized by “pilot talk”. One example
of this unique vernacular is the phrase “got your six”, which more simply translates to “I’ve got your back”. It is said that this phrase was created in World War II by pilots who imaged their planes as one would a clockface. When fighting together, these soldiers would try to prevent unexpected, surprise attacks from the enemy by guarding each man’s “six”. Fast forward
to the current day, the military still uses the same terminology and directions, because once you get used to using it, it becomes second nature. Whether on duty or off, “got your six” means “I am watching your back and making sure you stay safe” or “I will warn you of incoming threats, and if possible, help you deal with the problem”.

Well unfortunately evolution hasn’t given us eyes on the backs of our heads (contrary to many mothers’ claims!). This means the concept of
“having someone’s six” is still extremely important, whether soldier or
civilian. As we know this expression can also be used figuratively in
contexts far from the battlefield. I heard this phrase used the other day in a
conversation between a job superintendent and a sub-contractor and
immediately had flashbacks of conversations I had with my grandfather,
who used to tell me stories his buddies told him of flying in World War II.
But what part does “having your six” play in accessibility and the “war”
against noncompliance?

Since the Department of Justice (DOJ) announced their Accessibility
Initiative and NCSHA released their new Best Practices regarding
accessibility, it is now more important than ever to identify someone reliable who will “have your six”. Unfortunately, unlike the military, the business industry doesn’t exactly promote camaraderie or companionship; instead, the emphasis is on promoting more of an “every man for himself” mentality.

With that being said, what should business owners do to combat this self-
centered mindset? What steps should they take to build a “battalion” of
trusted comrades who will have their backs under the threat of potential
attacks? According to both the DOJ and NCHSA, the first step is to engage
with accessibility proactively instead of reactively. Looking ahead to take
preventative measures against a possible threat is a combat strategy the
military would quickly applaud and is one that should be adopted by
property owners everywhere. In the world of accessibility, the threat will
likely manifest as a lawsuit filed over issues of noncompliance, which can
be a devastating blow. To fend off this threat, business owners and
property managers should choose to proactively seek out accessibility
consultants and professionals who can “have their six” by helping them
successfully navigate the waters of both rehabbing existing properties and
building new properties. By contracting an Accessibility Consultant to
review property plans, owners and developers save precious time and
money by recognizing and addressing accessibility deficiencies or problem
areas before a project even begins. These problems are much easier to fix
on paper, before the property becomes bricks and sticks. Many State
Housing Finance Agencies have already seen positive results from this
process, such as developers meeting threshold requirements and, in some
cases, receiving an extra point in their QAP scoring.

So, I will ask you this question: “Who ‘has your six’ when it comes to
accessibility?” It is important that you pick this person with discretion, as
you are placing a huge amount of trust in their hands. A lot of you know an
associate of mine, Scott P. Moore, an Attorney out of Omaha, Nebraska.
For the last 15 years Scott has represented public- and private-sector
clients in state and federal employment and fair housing matters. Scott was
the Deputy Chief of the Justice Department in 2003, when he led the
Justice Department’s Title VII enforcement against state and local
governments, which included pattern of practice cases as well as individual
charges referred to the Department by the EEOC. While at the Justice
Department, he served as lead counsel on some of the largest pattern or
practice cases brought by the United States under the Fair Housing Act.

When giving advice on who to select to “have your back” as a business
owner, consider this piece of wisdom that Scott has shared with audiences
as he and have taught Fair Housing & Accessibility seminars all around the
country time and time again: “Anyone can give you advice, but it is only
worth something if it is the correct advice.” Don’t choose someone who will
give you the easy answer; instead seek the advice of those who will give
you the TRUE answers.

As you prepare to close out 2019 and begin making plans for 2020,
why not ask the hard question (“who has my six when it comes to
accessibility?”) and start now making sure you build a team of trusted
advisors who will give you the “correct advice.

Mark English, is President of E&A Team, Inc. E&A has helped thousands of Owners and Management Companies create an Accessibility Action Plan as a first step. E&A Team, Inc. has become one of the national recognized Housing Compliance firms specializing in Accessibility Evaluations, CNAs/PNA’s, and training to property management firms, owners and developers, architects, contractors, engineers, State Housing Finance Agencies, and mutable governmental agencies in all 50 states and various U.S. Territories. Mark can be reached at 205-722-9331.