Category: ADA Lawsuit

Interesting article quoted below.

By employing simple risk management techniques you can protect yourself on many levels. First and foremost, be sure you know the law and work within the law to be in compliance. The pieces that you cannot control, you should transfer to others when available. One such risk transfer technique is purchasing Employment Practices Liability Insurance, or EPL for short. This is an insurance policy that protects employers from lawsuits that they may receive from employees. Everything from unlawful termination, discrimination, harassment, and wage & hour disputes are covered under this type of policy. However, this insurance is not included in your standard General Liability protection.

You can read the rest of the article here.

What this article focuses on, is insurance. Insurance is important but that isn’t protection against lawsuits, just against you paying for them. Of course, you still have to pay for the insurance. Either way, the best way to avoid lawsuits is to be compliant in the first place. Being compliant ensures you have a defensible situation. After all, who has money to throw away on a fixed cost such as paying for insurance?

Often property stakeholders will hire us only after the second lawsuit, because they dismiss the first like being hit by lightning (it won’t happen again). This dismissal ignores the fact that most property stakeholders who have been sued believe that they would never have been sued in the first place.

But ADA compliance is something visible to the naked eye. If you know a few things, you can spot them everywhere. And even if you only know a few things, you can bet that there will be many many MANY more things in violation with your site. The best solution to stopping lawsuits is to become compliant in the first place.

You know what to do. help@accesssolutionllc.com or 866 982 3212. Contact us. We are your best solution to finding out what is wrong with your site.

A lawsuit was filed yesterday (11-14) in superior court against the Alameda Count Jail at Santa Rita (Dublin) by lawyers for disabled inmates. The allegation is that the facility denies them access to toilets, showers and programs.

“Whats happening at Santa Rita is wrong as so many levels. Civil rights are routinely violated, and the jail’s correctional rehabilitation model is rendered effectively unavailable for an entire population of people,” Michelle Uzeta, legal director for the Disability Rights Legal Center, is quoted as saying.

See the rest here and here

SACRAMENTO, CA – The quadriplegic attorney who has sued more than 2,100 businesses over disabled access refuses to answer allegations that he never personally visited many of them.

Four former legal assistants who have filed a sexual harassment and wrongful termination lawsuit against Scott Johnson claim they were sent into most of the businesses Johnson sued while he waited outside in his van.

Johnson has not returned phone calls or emails since the story broke in early October, but News10 caught up to him Monday outside the federal courthouse as he arrived for a status conference on one of his active cases.

“My legal counsel has instructed me not to provide any comments,” Johnson said in response to multiple questions about the drive-by allegations.

In an earlier interview with News10, the ex-employees expressed remorse for their role in preparing what they now consider fraudulent lawsuits under the Americans with Disabilities Act.

Read more here: http://www.news10.net/news/local/article/215162/2/Attorney-behind-2100-lawsuits-questioned-at-courthouse

We live in a litigious society. Don’t be caught up suing or being sued. Its better to be compliant and avoid any court issues in the first place.

KNOXVILLE (WATE) – A Knoxville breast center is being sued for allegedly denying services to a disabled woman. The plaintiff is the disability service coordinator for the city.

Stephanie Cook has been in a wheelchair for 25 years. She says she was denied an MRI at the Knoxville Comprehensive Breast Center (KCBC) because of her disability.

“I’ve just never had any one blatantly say we can’t help you,” said Cook, the disability service coordinator.

It began in June 2011 when Cook, who has a family history of breast cancer, found a suspicious lump. She went to KCBC for a consult.

“They told me to come back in six months for an MRI,” Cook said. “I asked (the nurse) to make a note that I use a chair and I would probably need some help to get on the table.”

Then last December she was told she could not have the MRI she needed. It is not handicap accessible.

Cook is suing the center under the Americans with Disabilities Act.

Read more here: Knoxville disability coordinator files discrimination lawsuit

It’s important for all goods and services to be accessible to anyone if those services are offered to everyone.

The city of Arlington, TX has settled a lawsuit over the Americans with Disabilities Act for their streets and sidewalks.

ARLINGTON — After years of litigation, including an appeal to the U.S. Supreme Court, Arlington has reached a settlement with a group of residents who allege the city failed to ensure its sidewalks were accessible to people with disabilities.

Richard Frame, a quadriplegic resident, sued Arlington in 2005 over the lack of accessible sidewalks and curb cuts that he said were required under the federal Americans with Disabilities Act.

Lack of compliance is rampart. Despite this norm, lawsuits will continue.

Read more here: Arlington settles lawsuit over Americans With Disabilities Act

Walmart is sued for its point of sales machines being too high.

In my past experience visiting Walmart sites across the nation, I’ve been fairly impressed by how ADA Compliant most Walmarts are, in comparison to other stores. There are exceptions of course. Some Walmarts have common violations that are found in other stores, but on the whole, Walmart is exceptional, especially in the parking lot.

Being sued for point of sale machines is noteworthy however, because that’s a new service that has been catching on in the past few years. It was a matter of time before someone complained about them. So if you manage or own property that has these machines, expertise is necessary to determine just where your violations are, which is different from site to site.

Looking at a list of common violations isn’t enough, you need an expert.

You can read more at either of these two links.
http://www.abajournal.com/news/article/ada_suit_claims_wal-mart_checkout_terminals_are_too_high_for_wheelchair_use/
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202564453619&slreturn=20120701200310

Have need of an inspection? Advice on the ADA? Contact us at 866 982 3212 or email us at help@accesssolutionllc.com

Last week, to correspond with the 22nd anniversary of the signing into law of the Americans With Disabilities Act, the Texas Civil Rights Project filed 33 lawsuits across the state, proving that after more than two decades, there remains no shortage of places and activities inaccessible to the disabled community. The ADA is designed to allow Americans with disabilities to “participate fully in the social and economic life of the community,” says TCRP attorney Joe Berra, but it seems some businesses, and the city of Austin, are falling short of that goal.

The original quote can be found here:

http://www.austinchronicle.com/news/2012-08-03/lawsuits-filed-against-city-cap-10k-for-ada-violations/

ADA lawsuits are bound to continue as long as the industry itself fails to recognize a need to incorporate ADA expertise into the general construction and design process.

Many of the requirements are simple, some are very complex. Our expertise in ADA issues extends over a combined 25 years. If you have questions, comments or need an inspection you can contact us at help@accesssolutionllc.com or call us at 866 982 3212.

Benefits of CASp may be only effective as far as the stay goes if sued in State Court. There are additional items such as attorney’s fees which still provide benefit to clients of CASp.

California’s 2009 Construction-Related Accessibility Standards Compliance Act (“the Act”) was designed to curb abusive ADA litigation by creating the Certified Access Specialist program (CASp). CASp enables business owners to follow procedures to “certify” that their facilities meet state and federal accessibility standards. One benefit CASp offers is that business owners with certification have the option to stay or stop all construction-related ADA litigation initiated against them and instead proceed to mediation, making it possible to avoid expensive and lengthy proceedings that drive up legal fees. But a recent court decision suggests this may not be the case when sued in federal court, suggesting that CASp may not offer all the benefits intended by the California legislators.

Read the entire article here: http://articles.jmbm.com/2010/11/23/casp-may-not-provide-some-of-its-intended-protections-when-sued-in-federal-court-under-the-ada/

Nonetheless the take away is that CASp is still a superior product, although costlier. It provides some definition when it comes to reasonable attorneys fees, but its effectiveness may be limited to State Court only.

Interested in a CASp inspection? YTA offers ADA reports and CASp reports. Questions or comments? Call us for a quote. 866 982 3212 or email us at help@accesssolutionllc.com

July 19, 2012, Staten Island, NY—A federal judge in Brooklyn has ruled that a suit brought against the New York City Housing Authority (NYCHA) by a Staten Island resident who is blind may proceed despite efforts by NYCHA to have the matter dismissed. The plaintiff is arguing that by refusing to accommodate his disability, and by providing him repeatedly with written notices that he is unable to read, NYCHA is violating civil rights and disability laws.

You can read the entire press release here: http://www.mfy.org/wp-content/uploads/Williams.Press_Release.FINAL1_.pdf

More news on ADA lawsuits.

Mike Mandala knows a little bit about the Americans with Disabilities Act.

And he should.

Mainly because the two Arcadia bars he runs have been targeted by attorneys filing suits. Essentially, the suits allege his taverns violate the federal law designed to help the disabled get access.

You know: handicapped parking spots; extra-wide toilet stalls with metal rails; and signs that point out those amenities.

Mandala, part owner of The Bit on Live Oak and owner of First Cabin on Huntington Drive, was one of several local business owners blanketed with thick sheaves of legal paperwork filed on behalf of plaintiffs represented by H.J. Sims, a San Diego attorney who specializes in ADA law.

Read more here from San Gabriel Tribune

Don’t let this happen to you. Find out more about services that can help prevent litigation by helping you become compliant. ADA consultants.

Otherwise email us at help@accesssolutionllc.com or call us at 866 982 3212