ADA Lawsuit

[alora]

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2010/12/24/MNI41GV6FB.DTL

Interesting to see how many business owners, building owners, etc. will turn right around and sue the municipalities for lack of warning...

 

[mark handler]

It's all the municipalities fault....

 

[brudgers]

"She believes she would lose too much inventory to be financially viable if she made the changes necessary to create room for a wheelchair to maneuver."

Obviously, she's only in it for the money.

 

[mark handler]

No rubber stamp

http://www.inspectpa.com/phpbb/showthread.php?3614-What-we-DIDN-T-check...

 

[tbz]

"She believes she would lose too much inventory to be financially viable if she made the changes necessary to create room for a wheelchair to maneuver."Obviously, she's only in it for the money.

What’s Obvious is you did not really read the articles information correctly.

1. I guess when you have to discard inventory to a level were income is less than output she is making a bad choice to close and move.

Oh I forgot we little business owners just need to start the accounting practices that the government uses spend more than we take in and send IOU’s

2. Yep this owner did nothing to try and comply:

She says she tried to make every accommodation for Yates when he came to her shop and later hired an ADA access compliance expert to try to understand whether she could meet the federal requirements.Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/23/MNI41GV6FB.DTL#ixzz19PHvwYgY

3. I am guessing money has nothing to do with it?

Thomas Frankovich, who helped Yates sue a number of Mission District merchants, was the subject of a San Francisco Weekly cover story in 2006, "Wheelchairs of Fortune," for his multimillion-dollar ADA suit business.That same year, Frankovich was barred from filing cases in U.S. District Court in Los Angeles for six months after a judge ruled him a vexatious litigant, a legal term for people not acting in good faith when filing suits. Like Dimond, the Mission District merchants sued by Yates also want the city to do more to inform and help protect them from being targeted for access claims.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/23/MNI41GV6FB.DTL#ixzz19PJNBKVa

The main question in the article is correct, why doesn’t the government require notification when applying for a business license a notification of the requirement to meet the federal ADA & CA ADA requirements?

I am wondering why UC Berkley does not require freshman to take a class on ADA and all the other schools?

I am thinking to small here, High schools should be required to teach 1 quarter of ADA 101 to all students before graduating how else are they to know when they start a small business and rent a space.

Oh I forgot the LAWSUIT FERRY will let them know with letters telling them after they open the door without obtaining any building permits since they are not required.

I guess next we will see the street vendors being sued for the cities streets they get permits to sell their products on not being compliant.

The simple question is how you could even say

Obviously, she's only in it for the money

When the only reason any of the parties noted are doing what they are doing IS FOR THE MONEY!

The last time I checked everyone one is in it for the money on one level or another, otherwise they would live in a hut in the wilderness and not speak to people.

 

[steveray]

The last time I checked everyone one is in it for the money on one level or another, otherwise they would live in a hut in the wilderness and not speak to people.

Ahhhhhhh....if it were only that easy! Not much avilable wilderness left! I think Ted Turner owns it all...

 

[TimNY]

The main question in the article is correct, why doesn’t the government require notification when applying for a business license a notification of the requirement to meet the federal ADA & CA ADA requirements?

Yeah, and when I got my drivers license nobody told me I wasn't supposed to run people over.. and when I bought that set of steak knives at K-Mart...

On the one hand, the nation wants the government to stay out of their business (health care, anybody?), on the other hand the government needs to hold their hand as they travel the road of life.

How about people take responsibility for their mistakes? If you're going to run a business, you need to do many things-- file an income tax return, maintain insurances, comply with ADA...

 

[Frank]

After the locality gives warning to follow Federal ADA requirements, which for existing building often exceed the building code requirements, shall we also tell them they need to pay their federal taxes, put up the worker's rights posters, not hire illegals, pay minimum wage and overtime, don't sexually harrass the help, keep the snow and ice off the steps, etc etc etc?

Here business licences are primarily for tax collection although there is a planning sign off.

 

[tbz]

Accually Tim,

If you take a good look at your drivers mannual they do tell you not to hit people with the vehicle, as for people taking responsibility I beleive the owner did when she closed and went to look for another place so she could meet compliance.

Running a business has many aspects you need to know just like inspecting a building, can all of your receipt the books by heart? I beleive not, but what Frank lists if you open any standard book on opening a business I beleive you will find all the items he listed in it, but I doubt you will find anything on ADA compliance. You will also find make sure the building location complies with zoning, fire and building department requirements and get your approvals, which she did.

As for the other items like snow removal a copy of the town ordiances was handed to me by the zoning officer when I researched purchasing a used building and another about renting, the building department gave me a list of items I would need to comply with as did the fire inspector, non-however mentioned ADA.

I could buy a building, get all my CO's, not do any renovations, pay all my taxes, read some really good books but nothing points you to ADA compliance.

Except I know better working in this industry for all these years, the problem is it's in your wheel house, you work with it all the time, you find it hard to beleive others don't have a clue and the lack of direction one finds.

Take the book store owner for instance, she rented the building, moved in I am sure paid and had a fire inspection every year, I am guessing the fire inspector didn't find anything wrong with the access or he would have closed her down.

Now she gets a letter to comply or else, who is this person, what is the problem I have all my approvals.

Simply, ADA information is just not a thought because unless you do renovations to the building and HAVE to hire an architect or designer to do that renovation, you would be surprised how little is known outside that area and I doubt you will find a leasing office or agent that will offer up the information.

Tom

 

[Gene Boecker]

The problem is that too often people only think about the local government because they're there. They tend to forget that there are state and federal governments as well and that we live in a federal republic where each state is a separate little county and a loose knit collection of common concerns whereby we have a federal system. At least in California the local government gets to enforce the accessibility regulations. In some states the locals enforce the building code and don;t care about what the state or federal laws are relative to accessibility.

I feel for the store owner. Having to retroactively modify to remove existing barriers is not easy and can be a major financial issue. On the other hand, doing nothing is discriminatory and, well, just plain wrong.

I'd say that the SBA and chamber of commerce should shoulder some of the blame. THOSE are the places where new businesses go for information and assistance. If they fail to mention the ADA, then perhaps they need to share in the pain as well.

 

[mark handler]

Very few Small start-ups contact the SBA and Chamber of Commerce.

That's one of the problems.

 

[Jobsaver]

I could buy a building, get all my CO's, not do any renovations, pay all my taxes, read some really good books but nothing points you to ADA compliance.

This may be true, but, because of the lawsuits and subsequent reporting, will become increasingly unlikely.

My perception is that most people that are skirting business or building laws know they are skirting them, and weigh the risks. Often, the skirting simply takes the form of not asking, not investigating, or not applying for the permit.

 

[TimNY]

I suppose my point is that ignorance of the law is not an excuse. It is a basic principal of our justice system.

I do feel it is unfortunate that this lady had to close up shop, but also feel it was her obligation to know the laws. I do feel she made a reasonable effort to try and comply. Given the cost/benefit she opted to close, which was purely a business decision, just like any other.

I would further iterate that I do not feel it is the local government's responsibility to proliferate a federal regulation, and trying to shift blame to the local government is not productive.

Also, do not feel that because you hire a RDP you are going to be informed of ADA. In my experience I wouldn't even assume you are compliant with A117.1 unless there is a good plan checker. In fact, I have found most RDPs will forego ADA compliance even when I mention it.

Will there be similar sympathy when the crew is grinding lead paint off the neighbor's house and the kids get sick? I don't think so.

In summary:

1. I do feel some sympathy for the loss of a business.

2. I do agree the ADA does not get enough visibility.

3. I do not agree the local jurisdiction has any responsibility whatsoever to even mutter the words ADA, although I myself do mention it when applicant are in my office.

 

[Yikes]

TimNY - I would like to inform you that your avatar does not show an ADA-compliant ramp + handrails leading down into the death pit. You will therefore be annihilated by legions of attorneys coming to seal your fate.

This. Is. America!

 

[TimNY]

I was certain that sign was ADA compliant!

 

[peach]

The City doesn't (shouldn't) enforce ADA.. it's civil rights legislation, not building code... if the building meets the building code, it does... and that's where the jurisdiction ends.

We probably need to stop thinking that the building code requirements really give safe harbor... the DOJ could come after us next.

 

[TimNY]

We probably need to stop thinking that the building code requirements really give safe harbor... the DOJ could come after us next.

I'm pretty sure they don't want anybody enforcing their laws.. see U.S. v Arizona...

 

[Jobsaver]

TimNY - I would like to inform you that your avatar does not show an ADA-compliant ramp + handrails leading down into the death pit. You will therefore be annihilated by legions of attorneys coming to seal your fate.This. Is. America!

LOL! Funny stuff Yikes.

Tim: Your summary reflects the right attitude as a public servant.

Anyone have a case where a municipality has been successfully sued, not merely threatened, for issuing a CO on a non ADA compliant building?

 

[mark handler]

they cannot be sued for issuing a CO on a non ADA compliant building. A municipality has no authority to enforce the ADA

 

[Frank]

I would think that the locality would be more likely to be sued for trying to enforce the ADA without authority than for issuing a CO for a building that complies with the building code but not the ADA--see the aforementioned US vs AZ.

Enforcing something that you know is not in the code gets into malfeasance territory where you are not protected by the locality or immunity.

The ADA has its own enforcement mechanism that is designed to enrich attorneys in federal court.

Small restaraunt owner here that had been in the same location for decades thought the attoeney's letter was junk mail and tossed it. He is now pushing $30k to that attorney that filed in fed court.

 

[mtlogcabin]

An ADA violation does not occur untill an individual with a disability is personally affected.

A building code violation may occur at anytime.

 

[FredK]

FWIW, I was a a new Quick Trip(mini/gas) station when they were laying out their ADA entrance ramp. Never checked anything on it since it wasn't on any schedule and about two weeks before they opened, they were ripping it out. Seems since they sell Lotto tickets the state dudes had checked the ramp and were going to cross the store off the sellors lists. Was totally amazed at that action.

So I guess one can assume that if they sell Lotto tickets they were checked for ADA here in AZ.

 

[tbz]

IME Locations that have existed for years before the ADA law was put in to effect have the largest problem with compliance, however compliance has always seemed odd after reading documents like this.

http://www.ada.gov/smbusgd.pdf

Any comments on the food service estabishment providing delivery and or curbside delivery in liu of access?

Comments please

 

[mark handler]

Any comments on the food service estabishment providing delivery and or curbside delivery in liu of access?

So the disabled need to eat outside, not the same as curbside delivery of dry cleaning.

Curbside delivery did Not work for these guys

Sacramento's Squeeze Inn owner sad to see it go

http://www.news10.net/news/sto...toryid=74689&catid=2

SACRAMENTO, CA - Travis Hausauer will cook the last cheeseburgers at his tiny Squeeze Inn this weekend before moving to a larger space around the corner.

"Yeah, it'll be sad. This has been part of the Sacramento community for 34 years and it's sad to see it go," Hausauer said during the lunch rush Thursday.

Hausauer's move was prompted by a lawsuit filed last July by a disabled Sacramento woman who complained about the lack of wheelchair access.

The story led to an enormous public outcry and complaints about lawsuit abuse involving the Americans with Disabilities Act (ADA). The plaintiff, Kimberly Block, and her attorney, Jason Singleton, ultimately dropped the suit because of public pressure.

Although the Squeeze Inn is unique, the lawsuit that led to its move is not. Hundreds of similar suits are filed each year in Sacramento federal court.

Block and her attorney sued and settled with three other small businesses last year. Paige Hibbert, a Carmichael attorney who defended the Quick Shop Market, said the motivation was clearly financial.

Hibbert pointed out the fact the original complaint was a sloppy cut-and-paste job, placing the Sacramento store in Vacaville.

"Although the plaintiff may have come to this business, her motivating factor was to obtain money to settle the case," Hibbert said.

ADA settlements are generally confidential, but court records show the Quick Shop owners paid $9,500 to Block and Singleton to settle. Singleton has previously instructed the media not to attempt to contact him for comment.

The new Squeeze Inn is scheduled to open Feb. 15. Hausauer recognizes the risk he's taking with customers by moving into a larger space, but said he worried that he would remain a lawsuit target if he stayed put. "Change isn't always good, but sometimes you have no choice," he said.

by George Warren, GWarren@news10.net