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ADA Lawsuit Links

I haven’t been keeping up with the online news, so this blog has been falling behind.

Things have been really busy.

Anyhow, here’s a list of some ADA compliance/lawsuit articles within the last 6 months.

That’s it for now. Toodles.

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ADA: Why is it needed?

Quite a few years ago, I was getting ready to administer a basketball game when a local patron informed that we did not have the handicapped parking signs in the right place.

In the midst of all of my pregame duties, my thoughts were not too kind. I actually thought he was overreacting just a bit.

Fast forward to just a few weeks ago. I noticed a couple who got out of their car in a handicapped parking zone and walked into the restaurant without any apparent difficulty. They did not sprint to their seat, but I could not see any problem.

I have been educated by people “in the know” that you cannot always see a physical disability. I might also add that this disgruntled patron of many years ago has become a good friend. Why the difference in my attitude? I now have many friends who have a handicap and so do I.

It has taught me a great lesson: to not judge someone until I have walked in their shoes.

The American Disabilities Act was passed on July 26, 1990. It was introduced by Senator Harkin from Iowa. Our own senator, Bob Dole, was very influential in crafting this bill. It was signed into law by President George H.W. Bush. It provided for handicap accessibility to all public buildings and facilities.
At the time I was a little bit concerned about the cost and work involved in meeting those guidelines. Was it absolutely necessary? It was determined if we wanted to renovate an old school gym, for instance, we would have to spend a huge amount of money to make it handicap accessible. The doors to buildings and classroom would have to be adjusted.

It was hard for me to see that, when I did not need such conveniences at the time.

My life has changed a lot since 1983 when I was diagnosed with MS. In recent years I have resorted to using a walker and scooter. For me, it has been a Godsend when I want to go long distances.

Read more here: http://www.mcphersonsentinel.com/article/20131121/OPINION/131129795/-1/sport/?tag=1

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Nearly 500 city cabs violate the Americans with Disabilities Act, says Attorney General Eric Schneiderman

Nearly 500 of the city’s yellow cabs violate the Americans with Disabilities Act because they’re not wheelchair accessible, the state attorney general has concluded.

By any common-sense measure, Toyota Siennas and Ford Transit Connects are vans and must be able to carry wheelchair users under the federal ADA, Attorney General Eric Schneiderman’s office said in a letter last week .

Original post here: http://www.nydailynews.com/new-york/500-city-cabs-violate-federal-law-ag-article-1.1522696

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ADA compliance remains the most assured solution

It has been almost a year since the Department of Justice’s ADA requirement for fixed or permanent pool lifts in “places of public accommodation” has been in effect. Now a fact (and cost) of doing business in the hospitality industry, many of our clients and friends in the industry are asking, “what’s the result of all this activity, what’s going on now?” Well, after all the lobbying, education, handwringing, headaches, counseling, and expense, we can say …. things went pretty much as predicted:

  • Many hotel owners complied with the requirements and were prompted to take a comprehensive look at all ADA requirements and bring their properties and procedures into enterprise-wide compliance.
  • Others are getting sued by serial plaintiffs, armed with a new reason to sue hotel owners under the ADA.

If these businesses that ignore the law, or tried to change the law simply complied with the law, then they wouldn’t have been sued.

Original article here

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The public is slowly becoming aware of ADA compliance issues

The Huffington Post has reposted an article on common ADA violations.

They aren’t as technical as what we are used to here, at Yours Truly Accessibility but it’s well worth noting that the public is slowly becoming aware of the importance of these issues.

The Americans with Disabilities Act may have been passed over 23 years ago, but apparently that still isn’t enough time for society to get their act together when it comes to following all aspects of the law. ADA violations happen every day all over the country with many businesses feeling the ultimate sting of not complying – being shut down.

But being shut down doesn’t have to be the end result. The government gives plenty of time to businesses to do what is right, however there are still some businesses out there who refuse to comply no matter how much time is given.

As the public becomes more aware of such issues, such issues are bound to get traction and become more acceptable as issues that need to be addressed. Compliancy is on its way!

You can read the original post here and here

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U.S. Proposes ADA Compliance for Public Websites

The US government is proposing that ADA compliance for websites (title IV under the ADA) be enacted with its own set of laws.

When Congress enacted the Americans with Disabilities Act (ADA) in 1990, the public Internet did not exist. Over the past 23 years, making the Internet accessible to those with disabilities has been a low priority for both the federal government and Internet businesses, bolstered by the fact that court decisions refuted the idea that the ADA applied to the Internet. Now, the federal government, with prodding from groups representing the disabled, is acknowledging how much of daily life the Internet affects. This past July, the U.S. Department of Justice proposed rules mandating that all state and local government websites be accessible to those with disabilities. Later this year, the DOJ is expected to do the same for all public websites, defining them as places of “public accommodation.”

You can read the entire article below: Click here

In general there are some rules of thumb for website compliance, but once these laws pass, there will be both an increase in scrutiny of websites and a cottage lawsuit industry to do the same.

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ADA claims are back and on the rise

Here is another article detailing the state of ADA lawsuits, particularly in California.

The passage of SB1186 gave litigants a pause but there has now been sufficient time for these attorneys and their plaintiffs to figure out how to get around some of the issues.

Nonetheless, with the rise of many copy-cat litigants, they can make some basic mistakes after not understanding SB1186 and what it entails. This article is pretty good at summarizing some of the recent changes.

Disability lawyers are learning how to litigate around these new requirements and are proceeding with lawsuits seeking at least $1,000 per violation along with attorney’s fees and costs. Obstruction of disabled persons designated parking spaces, regardless of intent, is one of many new allegations dealers must face

You can read the full article below: ADA claims are back and on the rise

Worried about such a lawsuit coming your way? We can help you discover your liability! Call us at 866 982 3212 or email us at help@accesssolutionllc.com

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ADA lawsuits are in the rise throughout the country

We’ve posted hundreds of articles in the few years that our website has been up.

This article is typical in detailing how lawsuits are yet, on the rise again.

This time, the article is about a smaller town in the great state of Illinois.

While our company does work primarily in South California, this is a good review of how these litigious situations in California arose.

Grooming Unleashed is one of more than a dozen businesses Straw sent the correspondence to a few weeks ago. His demand letters have created a stir among members of the village’s business community, many of whom are suspicious of his intentions. The executive director of the Streamwood Chamber of Commerce even called police after getting the letter, worried it was a scam.

But disabled rights advocates and experts on ADA law say while Straw’s approach may not win him friends, what he’s doing is not illegal.

The 44-year-old Straw, a licensed attorney in Indiana and Virginia, targeted businesses in Hillbrook Square Shopping Center and Parkview Plaza, both near Streamwood and Bartlett roads.

He says Hillbrook has no handicapped parking and Parkview is lacking curb cuts and proper signage.

Straw said he is justified in sending out demand letters instead of reaching out to business owners in person, given that the ADA was passed 23 years ago and businesses have had plenty of time to comply.

He demanded $5,000 from each business owner, since, he says, an annual tax credit of that amount is available to small businesses that remove a barrier or install improved accessibility features.

“I don’t have time to go around and have a polite conversation with every one of these businesses that is not compliant,” Straw said. “I’m not here to be their friend. I’m here to make them compliant.”

Click here for complete article

Worried about getting such a suit? We can help you. Call us at 866 982 3212 or email us at help@accesssolution.com

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City buildings need to become accessible

City buildings need to become accessible, especially since there is a very large aging population.

For the city of Cheyenne, which was served notice by the Department of Justice for their noncompliant government buildings, this is a large issue they are taking very seriously.

Nonetheless, despite having a transition plan, the city still receives four or five complaints a year… mainly due to the expensive nature of retrofitting existing buildings.

You can read the full article below: How ADA accessible are city buildings?

With the aging population, there are bound to be an increase in the requirements for accessibility even as the standards for accessibility become further widespread.

Keeping up with this moving target requires expertise such as ours. Any questions or comments? Call us at 866 982 3212 or email us at help@accesssolutionllc.com

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LaBovick Law Group Files Unique Federal ADA Lawsuit Against Pain Management Clinic

PALM BEACH GARDENS, FL–(Marketwired – Aug 28, 2013) – LaBovick Law Group filed a federal lawsuit in the United States Southern District Court of Florida Monday afternoon on behalf of a woman who is deaf and was denied treatment at Port St. Lucie Pain Management. The firm’s Director of ADA Litigation, Joseph R. Fields Jr., is using a unique theory that allows him to ask for pain and suffering damages on behalf of his client.

Elizabeth Jones is deaf. She was referred to Dr. Anthony Rogers and his medical practice, Port St. Lucie Pain Management, by her primary care physician. Mrs. Jones made an appointment with the clinic and requested that an interpreter be present for at least the first visit. When advised that an interpreter was necessary for effective communication between Mrs. Jones and the doctor, her appointment was canceled by Port St. Lucie Pain Management. She has continued to experience severe pain and suffering since then. Had the doctor and/or his medical office not canceled the treatment, the woman’s pain problems could have been treated and her pain eased.

The claim alleges the following:

“Defendants have implemented an office policy, practice, or procedure of discriminating against persons with hearing impairments. Specifically, defendants require all deaf patients to provide their own interpreters and/or refuse to provide patients an interpreter at the defendants’ own expense,” and “Plaintiff has suffered emotional distress and damages in the past, and continues to suffer distress and damages in the future due to defendants’ refusal to provide her with medical treatment unless she agrees to pay for her own interpreters.”

Policy is equally important when it comes to providing access.

Original post here: http://www.marketwire.com/press-release/labovick-law-group-files-unique-federal-ada-lawsuit-against-pain-management-clinic-1825318.htm