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Faces familiar in Arkansas Disabilities Act suits
http://www.arkansasonline.com/news/2015/dec/27/faces-familiar-in-disabilities-act-suit/
Same plaintiffs, lawyers in cases across nation raise questions about motives
By Linda Satter
The Americans with Disabilities Act, a law now more than a quarter of a century old, has generated a lot of lawsuits aimed at ensuring compliance with its provisions, and federal courts in Arkansas have not been immune.
But periodic flurries of filings by the same plaintiffs and lawyers, in Arkansas and beyond, have led to some concerns about the motives behind the barrage of litigation.
Those filing the lawsuits say they aim to improve accessibility for the disabled, while some others fear that the law is being used inappropriately to line someone's pockets at the expense of businesses and municipalities that might not know they're out of compliance or can't afford the required fixes.
For attorney Ed Zwilling of Birmingham, Ala., who since September has filed five lawsuits in the Eastern District of Arkansas on behalf of one person, Chris Jensen of Gravel Ridge, it reflects a sad reality that "there are no ADA police" and as a result, "For most localities, the ADA is not on their radar at all."
Zwilling said Jensen and other plaintiffs for whom he has filed more than 500 lawsuits across the country -- with fewer than 100 currently pending -- are usually "just entitled to equitable relief," not money, depending on the section of the Americans with Disabilities Act the violation falls under. He said most of his cases are filed pursuant to Title III, which pertains to stores, restaurants and hotels, and doesn't offer monetary judgments to plaintiffs.
Zwilling said Jensen's motivation is simply to stop discrimination against people with disabilities who have trouble navigating areas such as parking lots, entrances and restrooms, and to ensure that businesses and cities are complying with the law.
A lawsuit that Jensen filed Sept. 15 against the city of Sherwood alleges violations of the act at the city's animal shelter, three parks, recreational center, tennis center and hot-checks department. Jensen has a spinal-cord injury that requires him to use a wheelchair, the suit says. His lawsuit says he has been "denied full, safe and equal access" to all those locations because of a lack of compliance with Title II of the Americans with Disabilities Act, which applies to public entities.
A case like Jensen's is generally resolved with a confidential settlement that requires the defendant to make some improvements and, Zwilling said, requires the defendant to pay the filing attorneys' fees and costs at the standard "lodestar" rate for the area, which can be upward of $300 an hour.
Jensen, who didn't want to be interviewed, is also the plaintiff in 22 cases filed in the Eastern District in 2009 and 2010 by another attorney, Robert Mirel of Florida.
Mirel's last case filed in the Eastern District of Arkansas was settled confidentially on Nov. 15, 2010, after he tried unsuccessfully to prevent the court from admitting San Diego attorney David Warren Peters for the purpose of defending Hot Topic, a California-based company targeted in the suit.
Mirel, then based in New York and New Jersey, refused to discuss the series of lawsuits with a reporter at the time and couldn't be reached for comment this month.
But Peters has such strong feelings against the prolific Americans with Disabilities Act litigation that he has a website called lawyersagainstlawsuitabuse.com, which assists defendants in accessibility lawsuits, particularly in cases "where it appears that inappropriate use may be being made of important laws which are intended to protect people with disabilities," according to the site.
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http://www.arkansasonline.com/news/2015/dec/27/faces-familiar-in-disabilities-act-suit/
Same plaintiffs, lawyers in cases across nation raise questions about motives
By Linda Satter
The Americans with Disabilities Act, a law now more than a quarter of a century old, has generated a lot of lawsuits aimed at ensuring compliance with its provisions, and federal courts in Arkansas have not been immune.
But periodic flurries of filings by the same plaintiffs and lawyers, in Arkansas and beyond, have led to some concerns about the motives behind the barrage of litigation.
Those filing the lawsuits say they aim to improve accessibility for the disabled, while some others fear that the law is being used inappropriately to line someone's pockets at the expense of businesses and municipalities that might not know they're out of compliance or can't afford the required fixes.
For attorney Ed Zwilling of Birmingham, Ala., who since September has filed five lawsuits in the Eastern District of Arkansas on behalf of one person, Chris Jensen of Gravel Ridge, it reflects a sad reality that "there are no ADA police" and as a result, "For most localities, the ADA is not on their radar at all."
Zwilling said Jensen and other plaintiffs for whom he has filed more than 500 lawsuits across the country -- with fewer than 100 currently pending -- are usually "just entitled to equitable relief," not money, depending on the section of the Americans with Disabilities Act the violation falls under. He said most of his cases are filed pursuant to Title III, which pertains to stores, restaurants and hotels, and doesn't offer monetary judgments to plaintiffs.
Zwilling said Jensen's motivation is simply to stop discrimination against people with disabilities who have trouble navigating areas such as parking lots, entrances and restrooms, and to ensure that businesses and cities are complying with the law.
A lawsuit that Jensen filed Sept. 15 against the city of Sherwood alleges violations of the act at the city's animal shelter, three parks, recreational center, tennis center and hot-checks department. Jensen has a spinal-cord injury that requires him to use a wheelchair, the suit says. His lawsuit says he has been "denied full, safe and equal access" to all those locations because of a lack of compliance with Title II of the Americans with Disabilities Act, which applies to public entities.
A case like Jensen's is generally resolved with a confidential settlement that requires the defendant to make some improvements and, Zwilling said, requires the defendant to pay the filing attorneys' fees and costs at the standard "lodestar" rate for the area, which can be upward of $300 an hour.
Jensen, who didn't want to be interviewed, is also the plaintiff in 22 cases filed in the Eastern District in 2009 and 2010 by another attorney, Robert Mirel of Florida.
Mirel's last case filed in the Eastern District of Arkansas was settled confidentially on Nov. 15, 2010, after he tried unsuccessfully to prevent the court from admitting San Diego attorney David Warren Peters for the purpose of defending Hot Topic, a California-based company targeted in the suit.
Mirel, then based in New York and New Jersey, refused to discuss the series of lawsuits with a reporter at the time and couldn't be reached for comment this month.
But Peters has such strong feelings against the prolific Americans with Disabilities Act litigation that he has a website called lawyersagainstlawsuitabuse.com, which assists defendants in accessibility lawsuits, particularly in cases "where it appears that inappropriate use may be being made of important laws which are intended to protect people with disabilities," according to the site.
Continued below