mark handler
SAWHORSE
‘Drive-By’ ADA compliance lawsuits target Midland TX business owners Targeted
http://www.mrt.com/opinion/article_d64319a4-de1c-11e5-8440-3b3a1450dfd3.html
In the last several months, dozens of Midland businesses have been sued for violations of the Americans with Disabilities Act (ADA). Let me start by stating that the Midland Chamber is not advocating that businesses should be exempt from compliance. We are, however, concerned about the nature of these lawsuits. More than 21 lawsuits have been filed against Midland businesses in the last two weeks alone, and the count is quickly rising. They are all being filed by a single plaintiff, represented by a law firm based in Florida. The basis for most of the suits rests on improper striping and/or improper signage for accessible parking. Therefore, we can only conclude that the plaintiff is mimicking a tactic that has been used in Florida and California, known as a “drive-by” lawsuit. They are so called, because the plaintiff merely drives by the establishment, seeking to identify parking lot violations of the ADA. Furthermore, in each of the cases, the defendant is given a deadline for compliance and issued an ultimatum to pay a settlement or be taken to court.
Again, let me stress that we believe businesses should be in compliance with the ADA. These lawsuits, however, do not appear to focus on generating compliance and inclusion for those with disabilities. Many have suggested that eliciting a settlement is the primary goal.
While researching this situation, we have learned that many businesses are not in compliance due to confusion regarding the law. Owners may mistakenly believe they are exempt or “grandfathered” from compliance due to the age of their facility. This is not accurate. Another common misconception is that they believe they are compliant because they have passed inspection by local and/or state authorities. While local officials do inspect for compliance with local ordinances, they are not obligated to enforce the ADA - as it is a federal law. The Texas Department of Licensing and Regulation also has a set of standards and regulations for the removal of architectural barriers; however, these standards do not necessarily encompass all of the same stipulations as the ADA.
To assist local business owners, and hopefully end the onslaught of lawsuits, the Midland Chamber will be offering a free seminar on the topic. Our goal is to educate businesses on how to become compliant, avoid costly litigation and encourage an inclusive business culture.
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Speaker: Registered Accessibility Specialist, R.W. Gregonis
Time and day: 11 a.m. or 3 p.m. (participants only need to attend one session)
Location: Junior League of Midland, 902 W. Dengar
Participation is free, but registration is required: www.MidlandTXChamber.com
http://www.mrt.com/opinion/article_d64319a4-de1c-11e5-8440-3b3a1450dfd3.html
In the last several months, dozens of Midland businesses have been sued for violations of the Americans with Disabilities Act (ADA). Let me start by stating that the Midland Chamber is not advocating that businesses should be exempt from compliance. We are, however, concerned about the nature of these lawsuits. More than 21 lawsuits have been filed against Midland businesses in the last two weeks alone, and the count is quickly rising. They are all being filed by a single plaintiff, represented by a law firm based in Florida. The basis for most of the suits rests on improper striping and/or improper signage for accessible parking. Therefore, we can only conclude that the plaintiff is mimicking a tactic that has been used in Florida and California, known as a “drive-by” lawsuit. They are so called, because the plaintiff merely drives by the establishment, seeking to identify parking lot violations of the ADA. Furthermore, in each of the cases, the defendant is given a deadline for compliance and issued an ultimatum to pay a settlement or be taken to court.
Again, let me stress that we believe businesses should be in compliance with the ADA. These lawsuits, however, do not appear to focus on generating compliance and inclusion for those with disabilities. Many have suggested that eliciting a settlement is the primary goal.
While researching this situation, we have learned that many businesses are not in compliance due to confusion regarding the law. Owners may mistakenly believe they are exempt or “grandfathered” from compliance due to the age of their facility. This is not accurate. Another common misconception is that they believe they are compliant because they have passed inspection by local and/or state authorities. While local officials do inspect for compliance with local ordinances, they are not obligated to enforce the ADA - as it is a federal law. The Texas Department of Licensing and Regulation also has a set of standards and regulations for the removal of architectural barriers; however, these standards do not necessarily encompass all of the same stipulations as the ADA.
To assist local business owners, and hopefully end the onslaught of lawsuits, the Midland Chamber will be offering a free seminar on the topic. Our goal is to educate businesses on how to become compliant, avoid costly litigation and encourage an inclusive business culture.
---
Speaker: Registered Accessibility Specialist, R.W. Gregonis
Time and day: 11 a.m. or 3 p.m. (participants only need to attend one session)
Location: Junior League of Midland, 902 W. Dengar
Participation is free, but registration is required: www.MidlandTXChamber.com