American Coffee Shop Closes after 3rd ADA Lawsuit

[mark handler]

American Coffee Shop Closes after 3rd ADA Lawsuit
https://www.bigtimedaily.com/american-coffee-shop-closes-after-3rd-ada-lawsuit/
On April 30th, Jason’s Cafe closed after three different ADA lawsuits were filed against the restaurant. The cafe had been doing business in Menlo Park, California for 11 years.
These lawsuits were all filed for different reasons: the width of bathroom stalls was too narrow, the front door was too heavy, and the lines for the handicap spaces in the parking lot were faded beyond recognition.
Restaurant owner Jason Kwan says the building was old–built 40 or 50 years ago. This was before the ADA was in place. So, the original building plans did not comply with today’s expectations.
To meet the requirements of the ADA, Kwan would need to replace the front door or install a handicap door switch with a button, repaint the lines in the parking lot, and do a total renovation of the bathroom. These repairs would certainly add up.
But, if the changes are not made, Kwan will continue to be faced with even more costly lawsuits.
It seems that these are typically the types of buildings that are targeted for lawsuits. People familiar with the American Disabilities Act (ADA) know that, like Jason’s Cafe, these older buildings have likely not been renovated or updated to meet the standards required by the 1990s act.
Two of the three people who filed lawsuits against Jason’s Cafe have sued other restaurants for noncompliance. Each one had already sued a handful of restaurants and hotels in the years previous.
These lawsuits had a devastating effect on Kwan’s bottom line. Not only would he have to pay for the changes made to the restaurant, but he also needs to pay for his own legal fees and the legal fees of the plaintiff, along with any other damages incurred by the noncompliance.
After the third lawsuit, Kwan was forced to close his doors. He was understandably disappointed, saying, “That’s my baby right there.”
These lawsuits are not uncommon today, and small business like Jason’s Cafe need to be aware of the requirements expected of their stores and websites through the ADA.
In the first half of 2018, about 5,000 ADA lawsuits were filed. That number is up 30% from the previous year. Of those lawsuits, 1,053 of them were filed for noncompliance on business websites. This number increased a staggering 90% from the previous year.
A good example of noncompliance on a website comes from a lawsuit filed on Avanti Hotel.
This small, 10-room boutique was sued because its website was not accessible for non-seeing, non-hearing users. In order to have an ADA compliant website, it needs to be coded properly to allow for a screen reader to translate the information. Links and images need tags, videos need captions, etc.
Without proper coding, some people with disabilities will not have access to all of the information on the businesses’ sites.
Though there is no need for physical renovation in this case, these lawsuits can still be incredibly expensive. California sees more ADA lawsuits than any other state in the U.S. The state government has set a minimum $4,000 fee for non compliant businesses. This number does not include any legal fees for the defendant or the plaintiff. This minimum is only enforced in California at this time.
For Avanti Hotel, they were advised to take a settlement between $8,000 and $13,000 after all fees and costs for damages were covered.
These damages can be much higher depending on the sort of business/association being sued. Healthcare organizations with noncompliant sites have some of the biggest risks associated with these lawsuits.
A healthcare website that is not ADA complaint is a real danger to the health and wellness of disabled persons. Damages in these cases can easily add up to a six-figure fine. Organizations could lose business, government funding, their good reputation, and would risk the wellbeing of millions of disabled people.
ADA lawsuits are no small matter. They have the power to close down restaurants or businesses if owners are not careful. Many small businesses cannot afford the kinds of fees associated with these lawsuits. So, it is essential that business owners learn how to protect themselves and how to better serve their disabled patrons before they are faced with a lawsuit.

 

[mtlogcabin]

Can local governments be sued under Title II. The part below caught my attention and I wonder how many government websites are out of compliance and if the could be sued in CA for monetary damages like a private business.

These lawsuits are not uncommon today, and small business like Jason’s Cafe need to be aware of the requirements expected of their stores and websites through the ADA.
In the first half of 2018, about 5,000 ADA lawsuits were filed. That number is up 30% from the previous year. Of those lawsuits, 1,053 of them were filed for noncompliance on business websites. This number increased a staggering 90% from the previous year.
A good example of noncompliance on a website comes from a lawsuit filed on Avanti Hotel.
This small, 10-room boutique was sued because its website was not accessible for non-seeing, non-hearing users. In order to have an ADA compliant website, it needs to be coded properly to allow for a screen reader to translate the information. Links and images need tags, videos need captions, etc.
Without proper coding, some people with disabilities will not have access to all of the information on the businesses’ sites.

 

[ICE]

They close after three lawsuits? There’s most likely another ten waiting to happen. The tail is wagging the dog.

 

[Yikes]

Can local governments be sued under Title II. The part below caught my attention and I wonder how many government websites are out of compliance and if the could be sued in CA for monetary damages like a private business.

Take a trip to get your access compliance plans checked at Los Angeles Dept of Building and Safety, a high rise at 201 N Figueroa, and you will find they have a number of their own CBC 11B / ADA violations, especially at their stairs (handrails, nosing markings, etc.). The irony is palpable.

 

[Robert]

To meet the requirements of the ADA, Kwan would need to replace the front door or install a handicap door switch with a button, repaint the lines in the parking lot, and do a total renovation of the bathroom. These repairs would certainly add up.
But, if the changes are not made, Kwan will continue to be faced with even more costly lawsuits.

Please educate me. If his business was established before the ADA act, and he has not made any renovations where the 20% rule applies (CA), then why doesn't the Hardship Clause apply? Isn't that the reason the hardship clause is in the building code?

 

[mark handler]

Please educate me. If his business was established before the ADA act, and he has not made any renovations where the 20% rule applies (CA), then why doesn't the Hardship Clause apply? Isn't that the reason the hardship clause is in the building code?

Because there Is no 20% rulein the federal ADA law. It requires, retroactie compliance.

 

[ADAguy]

Once is fore warned, 3 times indicates willfull resistance. the Unrhu Act provides a bounty (penalty) to the filer but does not require removal of barriers "duh"!
Hardship requires opening your books, most don't want to.

 

[JCraver]

edit: nevermind. I don't need the drama..

 

[JPohling]

It is accessibility blackmail at the federal level and needs to be stopped

 

[ADAguy]

ADA benefits "all" of us.

 

[conarb]

It is accessibility blackmail at the federal level and needs to be stopped

It now appears that the entire Justice Department that wrote these regulations is corrupt, look for some indictments at the upper end and "The fish rots from the head down".

 

[JCraver]

ADA benefits "all" of us.

And you drag me in anyway.

I'm not trying to be contrary but for the sake of conversation, could you elaborate on that? I'm failing to see how a mom-and-pop going out of business is a benefit for me...

 

[Yikes]

There is a concept in economics called "rent-seeking", where you seek to transfer wealth by creating or encouraging the development of regulatory barriers where none existed before, when you will then make money by being the one who provides the solution to hurdle over those barriers. The historic example was the person who owns land on opposite riverbanks installing a chain across the river, then charging boaters to lower the chain and let them pass through.
Modern day examples include requirements for licensing in areas that don't need a license (e.g. interior design), so that you can profit from training people to take the license exam, or being the one who administers the exam, or by being a licensed person who has created a licensing barrier to limit the number of competitors in your field. Most recently, we've had engineers in LA and SF pushing for new soft-story seismic retrofit laws, touting how much business it will generate for our profession.

In my lifetime I have seen ADA go from being a physical barrier removal effort to a economic barrier creation "rent-seeking" project, creating regulations and penalties so that businesses must employ a steady stream of architects (including me), lawyers, certified CASp consultants, undergo training, etc. I remember my first time hearing about an ADA shakedown in the 1990s, when my friend was working on a big project in the Riverside, CA. A local activist in a wheelchair approached his firm and said, for $50k I'll keep the other activists away from you, otherwise, we will all make your life hell. I don't think any of us pictured that on the happy day when President Bush signed ADA into law.
And because ADA is based on case precedent, we are effectively discovering (or perhaps "inventing" is a better term) new ways for people to claim discrimination. The Unruh Act was well-intentioned California legislation to prevent discrimination, but when joined with ADA, it has metastasized and become weaponized. I now believe that with the advent of ADA, it is time to repeal Unruh in California.

On my new projects, I passionately advocate not only for 11B/ADA access compliance, but also for Universal Design. But when ADA becomes more about economic barrier creation rather than physical barrier removal, it is time for reform. And I say that as a person who personally profits from the design work generated by the whole scheme.

 

[ADAguy]

Yikes, as with any law the unforeseen consequences may not become apparent for many years after its activation. Legislatures (lawmakers!) rarely allow enough time when writing it anticipate the details of regulation writing. The café owner was forewarned and failed to respond in a manner that would not have been costly. I have a bar client who did the same thing and was sued twice.
Ever exceed the speed limit? bet you do daily. Go years without being ticketed and then "bam", right?
ADA is no different, it just makes the news more.

 

[mtlogcabin]

ADA is different in it is a civil rights law. If I have COPD and I walk into a restroom and I notice the mirror is 2 inches to high I should have no right to sue because my civil rights where not violated because I was not denied the use of the mirror. I believe each suit should be weighed on if the plaintiffs use of a specific part of a facility was truly hindered

 

[Yikes]

Yikes, as with any law the unforeseen consequences may not become apparent for many years after its activation. Legislatures (lawmakers!) rarely allow enough time when writing it anticipate the details of regulation writing. The café owner was forewarned and failed to respond in a manner that would not have been costly. I have a bar client who did the same thing and was sued twice.
Ever exceed the speed limit? bet you do daily. Go years without being ticketed and then "bam", right?
ADA is no different, it just makes the news more.

Yes, I have exceeded the limit and taken my chances. But here's what makes (ADA+Unruh) different: Picture a situation in which your fellow motorists get to take you to court for speeding, at $4k per incident. Not long before extortion rackets start booming, and suddenly it's no longer about speed or highway safety, it's about money.

 

[Msradell]

ADA benefits "all" of us.

While many people certainly disagree with the ADA and don't see the need for, those of us with true disabilities certainly appreciate it. I'm confined to electric wheelchair and without the ADA many places would not be accessible for me. Now, I do disagree with me bounty that California has where you can file lawsuits and make a profit to get a business to comply. Compliance should be part of the ADA and state/local bldg. inspectors should check for compliance.

 

[conarb]

Over the years I've been telling you guys that the whole ADA is unconstitutional, you have to treat all groups equally, I've also told you that ground zero in this is the educational system and the favoritism they show certain suspect classes, namely racial groups. We should know shortly, a few years ago several Asian groups sued Harvard for discriminating against them in favor of lower IQ racial groups, the suit has wound it's way to the Supreme Court and all indications are that they are going to rule that race can't be used in admissions. How will that affect ADA? The universities, in an effort to preserve their unconstitutional diversity and inclusion objective, are having the ETS devise an "Adversity Score" trying to target the same racial groups, arguing that overcoming adversity (living in a ghetto neighborhood, growing up in a fatherless home, etc.) is a valued trait that can offset lower SAT scores, this may take another legal step but my hope is that the courts will rule that adversity is not a valid reason to discriminate, in effect a disabled man has no right to discriminate against an able bodied man. I just read an an article about it today. I would certainly hope that the courts rule broadly on the issue of discrimination and maybe even people like Jason Kwan can bring an action against his tormentors to get damages.

 

[mark handler]

edit: nevermind. I don't need the drama..

Thank you

 

[mark handler]

It is accessibility blackmail at the federal level and needs to be stopped

Even if the fed's intervene, there will still be state redress
Most states have passed accessibility laws that most refer to as ADA. Most lawsuits are not ADA lawsuits they are trying to enforce locally (or State) enacted laws. in an effort to obtain the restitution of what they perceive as their civil rights (both Federal and State).

 

[mark handler]

The right to equal access is constitutional. Both State and Federal courts and Legislators have said so. The Supreme Court has time and time again refused to take on the matter referring it back to lower courts.

 

[Mr. Inspector]

Can local governments be sued under Title II. The part below caught my attention and I wonder how many government websites are out of compliance and if the could be sued in CA for monetary damages like a private business.

I don't know how local governments can be sued. We didn't even adopt any codes until 2004 here. There where no accessible inspections before that and most places did't have any kind of building inspector.

 

[tmurray]

I don't know how local governments can be sued. We didn't even adopt any codes until 2004 here. There where no accessible inspections before that and most places did't have any kind of building inspector.

Sued not for the work you did, but the access you provide to the public though websites, offices, etc.

 

[conarb]

The right to equal access is constitutional. Both State and Federal courts and Legislators have said so. The Supreme Court has time and time again refused to take on the matter referring it back to lower courts.

That's the problem, the Court has avoided it because they know that eventually all civil rights laws are going to have to be declared unconstitutional, they couldn't avoid it any longer and now they have taken the suit by Asian groups against Harvard, lots will depend upon how broad their decision is, they may narrowly rule limiting it to college admissions, but with the ETS creating an "Adversity Index" they should broaden their decision enough to include disability.