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​Restaurants, developers,businesses face ADA lawsuits related to parking

mark handler

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Restaurants, developers, other businesses face wave of ADA lawsuits related to parking

http://www.bizjournals.com/phoenix/news/2016/02/19/restaurants-developers-other-businesses-face-wave.html

More than 50 Phoenix-area businesses have been sued over alleged American with Disabilities Act violations related to handicapped and van accessible disabled parking.

A group called Advocates for American Disabled Individuals LLC and David Ritzenthaler are listed as plaintiffs in 58 lawsuits filed against a host of businesses this month.

The cases have been filed in Maricopa Superior Court and defendants include real estate landlords and a host of businesses including McDonald's, Wells Fargo Bank and a funeral parlor.

Employment attorney John Balitis of Phoenix law firm Fennemore Craig said the ADA suits appear to be related to parking requirements under the federal law.

ADA rules require a certain number of handicapped parking space and van accessible spaces based on the size of the parking lot.

Balitis said the suits mirror other ADA lawsuits brought by disabled persons and plaintiff attorneys.

Those have been filed in Phoenix, Tucson and Yuma related to hotels and motels not having pool lifts for disabled guests as well as other alleged violations by restaurants and bars.

Similar suits are being filed in California, New York, Florida and other U.S. markets.

Balitis said the plaintiffs are usually asking businesses and commercial property owners to remedy ADA violations and pay their attorneys' fees.

Lindsay Leavitt, an employment attorney with Jennings Strouss & Salmon, said there were some new ADA parking standards put in place in 2010.

In a legal blog, Leavitt said businesses also need to make parking lot signage and striping abide by ADA parking rules.
 
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