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Businesses consider uniting to defend accessibility lawsuits
http://kxan.com/2015/11/13/businesses-consider-uniting-to-defend-accessibility-lawsuits/
AUSTIN (KXAN) — Businesses defending against a set of accessibility lawsuits from one lawyer and one client are considering working with a common attorney.
After a KXAN Investigation uncovered nearly 120 lawsuits against Austin businesses from lawyer Omar Rosales and his client Jon Deutsch, defendants began contacting KXAN with their stories of how the lawsuits came about and their questions about the attorney’s actions.
The owner of Phil’s Icehouse on South Lamar Boulevard, Steve Simmons, says he is also contacting other businesses to meet with an accessibility expert. Simmons says the goal is to make sure businesses are meeting standards to be accessible to customers with disabilities and to discuss preventing lawsuits. Simmons also own Amy’s Ice Cream, and its South Congress Avenue location won an Austin Access Award in 2006.
“This law was not meant as a vehicle for someone to capitalize on,” said Joe Draker, owner of Maudie’s Tex Mex.
Rosales and Deutsch are suing the restaurant on South Lamar, one of several corridors seeing a high concentration of lawsuits.
“We were quite shocked to get that lawsuit in the mail.”
The lawsuit claims Maudie’s did not have adequate handicapped parking, signs for that parking and the door threshold was too high. Draker says the lawsuit doesn’t tell the full story. He says the picture of the threshold is with the door closed. He says opening the door shows that it does meet the ADA height requirement
Draker also said the lawsuit came after he tried to provide greater access to his customers who use wheelchairs. He says a customer, who did not sue, asked Draker for changes. Draker says he put in a new ramp and added a new disabled parking space. He says the pictures in the lawsuit were taken after he made the improvements, but just before he put up new signs.
“They’re clearly after money, they sent us a demand latter, very similar to the one you showed in last night’s story,” said Draker.
In a previous KXAN News report, business owner Jose Carranza Sr. and other said they received demand letters asking for settlements of up to $7,000. The letter he received also suggested court costs could exceed $100,000, if the settlement offer was not taken.
Deutsch and Rosales also sued Texan Market, a convenience store located on Manchaca Road near the intersection of Ben White Boulevard.
Lisa McCloughlin, an officer manager with Texan Markets, said the manager of the South Austin location never mentioned seeing Deutsch or hearing of any complaints about disability access prior to being served with the lawsuit.
McCloughlin also said that South Austin location was renovated six months before the lawsuit, and it appeared to be in compliance.
“Unless his wheelchair is a semi truck, I don’t know how he can’t get in,” McCloughlin said, regarding access to the business.
Texan Markets did not receive a warning or request to fix ADA-related issues prior to being sued, McCloughlin said.
“We were quite shocked to get that lawsuit in the mail,” she said.
http://kxan.com/2015/11/13/businesses-consider-uniting-to-defend-accessibility-lawsuits/
AUSTIN (KXAN) — Businesses defending against a set of accessibility lawsuits from one lawyer and one client are considering working with a common attorney.
After a KXAN Investigation uncovered nearly 120 lawsuits against Austin businesses from lawyer Omar Rosales and his client Jon Deutsch, defendants began contacting KXAN with their stories of how the lawsuits came about and their questions about the attorney’s actions.
The owner of Phil’s Icehouse on South Lamar Boulevard, Steve Simmons, says he is also contacting other businesses to meet with an accessibility expert. Simmons says the goal is to make sure businesses are meeting standards to be accessible to customers with disabilities and to discuss preventing lawsuits. Simmons also own Amy’s Ice Cream, and its South Congress Avenue location won an Austin Access Award in 2006.
“This law was not meant as a vehicle for someone to capitalize on,” said Joe Draker, owner of Maudie’s Tex Mex.
Rosales and Deutsch are suing the restaurant on South Lamar, one of several corridors seeing a high concentration of lawsuits.
“We were quite shocked to get that lawsuit in the mail.”
The lawsuit claims Maudie’s did not have adequate handicapped parking, signs for that parking and the door threshold was too high. Draker says the lawsuit doesn’t tell the full story. He says the picture of the threshold is with the door closed. He says opening the door shows that it does meet the ADA height requirement
Draker also said the lawsuit came after he tried to provide greater access to his customers who use wheelchairs. He says a customer, who did not sue, asked Draker for changes. Draker says he put in a new ramp and added a new disabled parking space. He says the pictures in the lawsuit were taken after he made the improvements, but just before he put up new signs.
“They’re clearly after money, they sent us a demand latter, very similar to the one you showed in last night’s story,” said Draker.
In a previous KXAN News report, business owner Jose Carranza Sr. and other said they received demand letters asking for settlements of up to $7,000. The letter he received also suggested court costs could exceed $100,000, if the settlement offer was not taken.
Deutsch and Rosales also sued Texan Market, a convenience store located on Manchaca Road near the intersection of Ben White Boulevard.
Lisa McCloughlin, an officer manager with Texan Markets, said the manager of the South Austin location never mentioned seeing Deutsch or hearing of any complaints about disability access prior to being served with the lawsuit.
McCloughlin also said that South Austin location was renovated six months before the lawsuit, and it appeared to be in compliance.
“Unless his wheelchair is a semi truck, I don’t know how he can’t get in,” McCloughlin said, regarding access to the business.
Texan Markets did not receive a warning or request to fix ADA-related issues prior to being sued, McCloughlin said.
“We were quite shocked to get that lawsuit in the mail,” she said.