Federal judge rules against ADA lawsuit, lawyer

[mark handler]

Federal judge rules against ADA lawsuit, lawyer
http://www.eastvalleytribune.com/arizona/article_d0e11e00-91b0-11e6-9ace-3f832cd6c533.html

A federal judge imposed sanctions against a controversial attorney and his co-counsel, citing their “bad faith behavior” in their dealings with a defense attorney after they filed a “boilerplate” suit accusing a property company of violating the federal Americans with Disabilities Act.
Attorneys Peter Strojnik and Fabian Zazueta, and the foundation they represent, Advocates for Individuals with Disabilities, were ordered by U.S. District Court Judge G. Murray Snow to reimburse Golden Rule Properties for certain legal fees stemming from the case.
Snow also ordered the case remanded back to Maricopa County Superior Court, ruling that the foundation lacked standing to sue Golden Rule in federal court because it could not prove that any individual was harmed by the alleged ADA violation they cited, or that even plaintiffs Shannon Puckett or David Ritzenthaler were members of the foundation.
Snow wrote in his ruling that the foundation filed 162 similar ADA claims in federal court and about 1,000 in state court, with all of the suits containing “the same general language alleging the local business violated the ADA by having inadequate signage or parking spaces for the disabled.”
In the Golden Rule case, the foundation cited a lack of van accessible parking spaces or signs that were not at least 60 inches high, as required by the ADA.
But Snow said the foundation failed to prove that “any disabled individual encountered the defendant’s defective signage” and was actually denied access.
Snow ruled that the foundation lacks standing to sue because it could not prove harm to a disabled person, or that it was acting on behalf of Puckett or Ritzenthaler as members.
“Rather, the complaint attempts to allege that the plaintiff has a ‘close relationship’ with all ‘former, current and future disabled individuals due to its charitable acts,’” without providing any specific facts to back up this argument, Snow wrote.
The Arizona Attorney General’s Office has cited similar arguments in court filings on the state cases, saying that the foundation lacks standing to sue because it presented no evidence that a disabled person was harmed by an alleged ADA violation.
In addition, Snow accused Strojnik and Zanueta of using deceptive tactics in their dealings with Golden Rule’s attorney. The judge wrote that the foundation’s attorneys told Golden Rule’s defense attorney that “they had no intention of dismissing the federal claims if the defendant removed the case” to federal court.
But after the case was removed to federal court, the foundation moved for dismissal. It was a second example of the same behavior that led to sanctions against the foundation’s attorneys in another suit against Sun West Dental Properties, Snow wrote.
“AID and its counsel’s decisions to dismiss its federal claims under these circumstances are not ‘straight-forward tactical decisions.’ Rather, these decisions reflect expensive bait-and-switch maneuvers aimed at prolonging litigation and imposing costs on the opposing party,” Snow wrote.
– Reach Jim Walsh at 480-898-5639 or at jwalsh@timespublications.com.

 

[ADAguy]

Legal gamesmanship, isn't that what lawyering is

All about? A chess game? This time plaintiffs counsel has been checkmated.

 

[conarb]

Legal gamesmanship, isn't that what lawyering is

All about? A chess game? This time plaintiffs counsel has been checkmated.

How about this legal gamesmanship ADA Guy, it's alleged that the cops refused to give mouth-to-mouth resuscitation to a 347 pound trannie and she/he died, the judge dismissed all claims except the ADA claims (we don't know what they are)

On Friday, U.S. District Court Judge Charles Breyer agreed with the city on some points and dismissed the excessive force and discrimination claims alleged by Moore’s family in a lawsuit filed in 2014. The case will proceed with claims related to the Americans with Disabilities Act issues and returns to court next month, said civil rights attorney Adante Pointer.

“The force used — though fatal when combined with an enlarged heart — was reasonable based on what the officers could know at the time,” Breyer wrote in his opinion.

Moore, 41, lost consciousness during a struggle with officers and then died. Among the discrimination claims, the family alleged officers discriminated against Moore by refusing to give her mouth-to-mouth resuscitation. A county autopsy concluded that the 347-pound Moore died of acute combined drug intoxication from methamphetamine and codeine use, and that morbid obesity and an enlarged heart were contributing factors.¹

Since the cops don't want to expose themselves to the AIDS virus when dealing with a homosexual or trannie, apparently under the ADA they have to, so I've got an idea, every time the cops get a call to help a person covered by the ADA they bring a CAPs person along to administer mouth-to-mouth resuscitation. You want to volunteer?


¹ http://www.eastbaytimes.com/2016/10...ims-over-transgender-womans-in-custody-death/

 

[ADAguy]

347 and what height? In most cases the individual would qualify as disabled due to obesity, as to the police being fearful of AIDS, they have alternate methods and means that could have been employed. Firefighters/EMTs are faced with the lifting of such individuals and those with AIDS all the time, exposing themselves to back injuries and strains but rarely refuse to treat victims.

 

[conarb]

Are "paranoid schizophrenic transgender women" that "die.. of acute combined drug intoxication from methamphetamine and codeine use" considered disabled? They must be since the case is proceeding on the basis of an ADA violation when the federal Judge dismissed the other charges.

 

[ADAguy]

Exclusive of whether or not he/she is transgender, PS may be seen as a disability and whether or not he/she is a drug user is moot but it remains for the court to decide. This should be interesting to follow as I am sure you will keep us advised.
You realize that as a septegenerian your perceptions (based on your experiences) may differ from many of us as you evidenced by your responses.

 

[conarb]

You realize that as a septegenerian your perceptions (based on your experiences) may differ from many of us as you evidenced by your responses.

At his point I'm an octogenarian, turned 81 three weeks ago. This does bring up a point, my family took me to the opera in San Francisco for my birthday, it was one of my favorite operas, Andrea Chénier, a story about the French Revolution when they sent not only the aristocracy to the guillotine but also the civil servants that supported their oppressive policies, very apropos for our current situation of tyranny in this country.

Before driving across the bridge I checked the sports schedules to be sure I didn't have to allow time for game traffic and everything appeared clear. When we dropped into the city the police had everything blockaded to protect several thousand virtually naked people, most were dressed in some kind of leather, all had a leather harness as a halter and a thong like thing around their genitals. Many had their hair died purple or pink, most had all kinds of metal pierced into their bodies, there were areas where they actually beat each other with whips and chains, if they are not disabled now they sure will be.

Like disabled people get special advantages in this corrupt society, this was a celebration of gay people who also get special privileges, this is theirFolsom Street Fair , they also had that idiotic rock music blaring, it was a pleasure to finally get into the opera house and see decent people.

The rest of the world sees us as fat, lazy, perverted people, Vladimir Putin recently said: "In November, Americans will roll to the polls on their motorized scooters to elect the next Commander-in-Chief of the Armed Forces of the United States." ¹


¹ http://www.zerohedge.com/news/2016-...-world-rushing-irreversibly-towards-nuclear-s

 

[ADAguy]

Back in the 60's/70's it was said that "The Times they are a changing". Dylan gets the Noble! for his verbage, who would have thought?
Your photo is indicative of how far up/down we have come as a nation in "accepting" even the most offensive (to many of us) mannerisms of some people. We have carried the "land of the free" to an extreme, this I agree, but there is no going back. Just as Pandora and Gates opened the box, there is no closing it. Cats out of the bag!