ADA class action filed in Pittsburgh federal court

[mark handler]

ADA class action filed in Pittsburgh federal court

LEGAL NEWSLINE STAFF WRITER • | AUGUST 7, 2014 | 12:56 PM

http://washingtonexaminer.com/another-ada-class-action-filed-in-pittsburgh-federal-court/article/feed/2155330

PITTSBURGH (Legal Newsline) – Americans with Disabilities Act class action lawsuit has been filed in Pittsburgh federal court, this one against Bob Evans Farms Inc.

The lawsuit claims that handicapped parking spaces at several of Bob Evans’ Pittsburgh-area restaurants are too steep, making it difficult for those in wheelchairs.

Christopher Mielo claims Bob Evans violated Title III of the Americans with Disabilities Act and its implementing regulations, in connection with accessibility barriers at various properties owned and managed by defendant, according to a complaint filed Aug. 4 in the U.S. District Court for the Western District of Pennsylvania.

Mielo, who has a mobility disability and dependent upon a wheelchair, claims the defendants are required to remove the access barriers on its properties.

“Therefore, on behalf of a class of similarly situated individuals, plaintiff seeks a declaration that Defendant’s facilities violate federal law as described and an injunction requiring Defendant to remove the identified access barriers so that Defendant’s facilities are fully accessible to, and independently usable by individuals with mobility disabilities, as required by the ADA,” the complaint states.

The plaintiff visited the defendant’s retail property in Pittsburgh, and during his visit, he experienced unnecessary difficulty and risk due to excessively sloped surfaces within a purportedly accessible parking space, according to the suit.

Mielo claims he examined multiple retain locations in Pennsylvania, all of which were in violation of the ADA.

As a result of Defendant’s non-compliance with the ADA, the plaintiff’s ability to access and use the defendant’s facilities has been significantly impeded, according to the suit.

“Though defendant has centralized policies regarding the management and operation of its facilities, defendant has never had a plan or policy that is reasonably calculated to make its facilities fully accessible to, and independently usable by individuals with mobility disabilities,” the complaint states.

Mielo claims as an individual with a mobility disability who is dependent upon a wheelchair, he has a keen interest in whether public accommodations have architectural barriers that impede full accessibility to those accommodations by individuals with mobility impairments.

The plaintiff intends to return to the defendant’s facilities to shop and to ascertain whether those facilities remain in violation of the ADA, according to the suit, however, so long as the numerous architectural barriers at the defendant’s facilities continue to exist, he will be deterred from returning to the defendant’s facilities.

Mielo is seeking class certification and compensatory damages. He is being represented by R. Bruce Carlson, Benjamin J. Sweet and Stephanie Goldin of Carlson Lynch Ltd. They also filed the seven July complaints.

The case has been assigned to District Judge Arthur J. Schwab.

U.S. District Court for the Western District of Pennsylvania case number: 2:14-cv-01036

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.

Content provided by Legal Newsline, which is owned by the U.S. Chamber Institute for Legal Reform.

 

[ADAguy]

Long overdue, low hanging fruit? You would think national chains would "be aware" by now.

 

[incognito]

Leeches trying to cash in.

 

[Msradell]

Leeches trying to cash in.

I really don't believe this is true. If I'm not mistaken in Pennsylvania like most other states the only monetary recovery can be for legal fees. California is the only state where the complaint can cash in! Besides, it sounds like the restaurants are definitely in violation and restaurants that are part of a chain like this definitely know the requirements and abide by them.

 

[MASSDRIVER]

Besides, it sounds like the restaurants are definitely in violation and restaurants that are part of a chain like this definitely know the requirements and abide by them.

Mielo claims he examined multiple retain (sic) locations in Pennsylvania, all of which were in violation of the ADA.

So it sounds like they are "definitely in violation"?

Are they definitely in violation just because Mielo says so? He must be an ex-spurt.

Why even take it to court? Definitely in violation. Definitely.

What would be great if there are no violations and all.

Brent.

 

[kilitact]

Mielo is seeking class certification and compensatory damages. Looks like money.

 

[mark handler]

Business owners have two basic obligations, to their customers, under the ADA:

1) remove existing architectural barriers to the premises; and

2) comply with all building code requirements when doing any construction work.

if Bob Evans Farms Inc., failed to do this, they are in violation of the law. Some feel that 24 years is too long for buisneses to remove existing architectural barriers to the premises.

If there is no penelty, there will be no compliance. Just like a traffic ticket

I have Never seen any buisness that made "Readily Achievable" improvements, sued.

Readily achievable means "easily accomplishable and able to be carried out by the property owner without much difficulty or expense." The ADA requires consideration of a number of factors including: the nature and cost of the action needed and the overall financial resources of the owner/buisness. Accordingly, restriping a parking lot to provide the required number of parking spaces for persons with disabilities, because it is relatively inexpensive, is likely to be considered readily achievable.

By contrast, installing an elevator to provide access to the building manager’s office on the third floor of 100 year-old building (in the absence of other renovations), is not likely to be considered readily achievable. In that situation, an intercom at the ground level, for example, would be a more readily achievable means of providing a wheelchair user access to the building manager.

 

[ICE]

The government created the law.

The government should be the entity that enforces the law.

Turning anything over to lawyers is guaranteed to become a ripoff.

Who would argue that the system, as it is, works?

The snails pace of compliance is a farce.

The lawsuits are mostly a scam.

An illegal alien high on cocaine falls out of a tree and successfully extorts a fortune from hardworking Americans.

I thought that first big A in ADA was Americans.

The principle behind ADA is laudable.

The results are laughable.

 

[mark handler]

The government created the law. The government should be the entity that enforces the law. Turning anything over to lawyers is guaranteed to become a ripoff.

The government creates all law.

We are the government.

therefore, We created the law. And we allow the lawyers to rip us off.

The lawyers could not rip off compliant buisness owners.......

 

[ICE]

There will come a time when you and everyone else will admit that ADA is a social engineering experiment that failed.

 

[mark handler]

There will come a time when you and everyone else will admit that ADA is a social engineering experiment that failed.

As is the everyone for themself additude, to h*ll with everyone else, whats in it for me. And how does if effect me.

Without Social responsibility you end up with ISIS

Just take them out and execute them, it's cheaper than putting in a ramp

 

[ICE]

As is the everyone for themself additude, to h*ll with everyone else, whats in it for me. And how does if effect me.Without Social responsibility you end up with ISIS

Just take them out and execute them, it's cheaper than putting in a ramp

No law will ever change the everyone for themselves mentality. That's human nature. What's in it for me and how does it affect me are what we are made of.

Did you miss the part where I said the principle is laudable? It fits in with our need to level the playing field. We recognize that life isn't always fair. Some are the Haves and some are the Nots.

It isn't just about wheelchairs either. We have smart and stupid, tall and runt, attractive and not so, wealthy and poor, healthy and sick, sane and me. I'm pretty sure that we can thank Adam for all of that. I am also pretty sure that we will never be able to change any of that.

ADA is a subtle form of communism. Communism doesn't work long term.

Look at the actual scope of the problem. Admit that the percentage of the population that is physically disadvantaged is small. Admit that the expense of the effort to level the field is huge. So much so that it is way out of proportion to the number of citizens/illegal aliens that will benefit.

Run the numbers and you will see that every disadvantaged person cost society a million dollars.....well that's if we did what you want.

In the meantime there's way more hungry children in the country than there are disadvantaged. How about we invest in feeding them and then consider ramping the world so that <1% can get into Hooters.

 

[mark handler]

Did you miss the part where I said the principle is laudable? .

You mean where you changed your post, after my post? My quote of you was not edited.

"Last edited by ICE; 1 Hour Ago at 18:02."

Without Social responsibility you end up with ISIS

 

[mark handler]

Thank you jeff for adding the "when edited" feature

 

[ICE]

You mean where you changed your post, after my post? My quote of you was not edited."Last edited by ICE; 1 Hour Ago at 18:02."

You are right.....now and then. I add stuff later a lot.

Without Social responsibility you end up with ISIS

We have ISIS because we killed Saddam Hussein.

 

[mark handler]

We have ISIS because we killed Saddam Hussein.

And now we have a society that has no moral control, they care about themselves, not about others

 

[ICE]

And now we have a society that has no moral control, they care about themselves, not about others

Some people need to have a dictator. It is no surprise that democratically elected leaders can't keep a lid on in the middle east. That's us and our social engineering at work.

But really now Mark, a lack of ADA success will not result in the abject moral decay of out country. MMA maybe but not a lack of ramps and truncated domes.

Truncated domes...theres a perfect example. Almost every day I see someone in a wheelchair. I am unique in that I'm outdoors all day and on the move. What I don't see more than a few times a year are blind people with a cane. I bet that few of you do either.

I had a blind relative. My parents would pick him up for picnics and such. I know that he didn't venture out on his own. Think about it. Trying to make it to Piggly Wiggly blindfolded.. and oh ya, we'll give you a stick.

Are blind people being served with domes at hundreds of thousands of locations in this country? For every bird chirping traffic signal, there's less than a dozen blind people......that wouldn't even consider crossing the street.

How many people are injured every year falling on those slippery domes?

It's ridiculous stuff like this that has society fed up with the ADA lobby. Society has compassion but not at the end of a gun. You say we wouldn't do it unless we are forced into doing it.

That says it all for me.

We don't want to do it....so we're not going to do it. Oh we will in dribs and drabs but embracing the folly will never happen. No matter what comes down from on high...it's just not going to happen and the sooner everybody accepts that, the sooner we can feed the hungry kids....

Oh my, that's not going to happen either is it? I guess we prefer it being the Have and the Have Not world we live in.

 

[mark handler]

Mma? . . ...

 

[mark handler]

You might want to join the "CREATIVITY ALLIANCE" in california.

They also are speaking out against the ADA, as a social engineering experiment

 

[ICE]

MMA at it's finest.

Sadly, porn took a hit today.

http://www.tmz.com/2014/08/08/mma-fighter-war-machine-wanted-suspect-girlfriend-domestic-violence-christie-mack-las-vegas/

You're not making much sense Mark. I give you facts and you hand back insults. That is the typical emotional response from people that take your side of the issue.

I understand their place in this. Their hands are tied by the facts. The argument is that we want it and damn the facts because we think it is morally justified. That's the same reasoning applied by ISIS when killing Christians. For certainly, they believe that they are morally justified.

http://creativityalliance.com/

I wonder if they are tax exempt.

 

[mark handler]

MMA at it's finest.Sadly, porn took a hit today.

http://www.tmz.com/2014/08/08/mma-fighter-war-machine-wanted-suspect-girlfriend-domestic-violence-christie-mack-las-vegas/

You're not making much sense Mark. I give you facts and you hand back insults. That is the typical emotional response from people that take your side of the issue.

I understand their place in this. Their hands are tied by the facts. The argument is that we want it and damn the facts because we think it is morally justified. That's the same reasoning applied by ISIS when killing Christians. For certainly, they believe that they are morally justified.

http://creativityalliance.com/

I wonder if they are tax exempt.

Facts?

You provided opinions, not facts.

ADA is intended to protect twenty percent of the population. A fact.

Your "opinion" would exclude these citizens

 

[mark handler]

The government created the law. The government should be the entity that enforces the law.

Turning anything over to lawyers is guaranteed to become a ripoff.

Who would argue that the system, as it is, works?

The snails pace of compliance is a farce.

The lawsuits are mostly a scam.

An illegal alien high on cocaine falls out of a tree and successfully extorts a fortune from hardworking Americans.

I thought that first big A in ADA was Americans.

The principle behind ADA is laudable.

The results are laughable.

Only one fact in this, the rest is opinion

 

[ICE]

Facts?You provided opinions, not facts.

ADA is intended to protect twenty percent of the population. A fact.

Your "opinion" would exclude these citizens

The only way to get to twenty percent is to include fat people and redheads. That's two impairments fatboy. Your placard is in the mail.

Give it a few years and it will be 100%.

I wonder, can someone provide a synopsis of the growth of ADA since the inception? That would be facts. Then we could form an opinion of where we are headed.

And not just the body of law but also the inclusion of ever more disadvantages. You know what I mean....the day hammer toe showed up in 16B.

Gosh Mark, those Creativity folks would love me huh.

I can argue the Devil's side for the fun of it....

 

[mark handler]

According to Webster's Dictionary a fact is "anything that is done or happens; anything actually existent; any statement strictly true; truth; reality."

Whereas an opinion is defined as "indicating a belief, view, sentiment, conception."