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Final lawsuit against businesses is settled

mark handler

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Final lawsuit against businesses is settled

The 11 lawsuits alleged that facilities in the region violated the federal disabilities act.

By Laurence Hammack

981-3239

http://www.roanoke.com/news/roanoke/wb/304431

A blitz of lawsuits claiming that Southwest Virginia malls and businesses discriminated against disabled people came to an end this week, when the 11th and final case was settled.

As part of an agreement reached in federal court, a lawsuit filed by the National Alliance for Accessibility against Crossroads Mall was dismissed.

Last February, the Florida-based group filed lawsuits against Crossroads and six other Roanoke-area shopping centers, as well as three stores in Christiansburg and Martinsville, two motels in Radford and Dublin, and Radford University.

All of the lawsuits alleged violations of the Americans with Disabilities Act, which governs access to public places by people with disabilities.

With this week's dismissal of the case against Crossroads, all of the cases have been settled under terms that were not disclosed.

Although lawyers for the defendants have declined to comment on details, some have said the cases generally involved technical violations of the ADA that could be corrected relatively easily to avoid extended litigation.

Among the violations listed in the lawsuits were parking spaces for people with disabilities built on slopes, curb ramps with excessively steep grades, improper access to buildings, a lack of handrails, and restrooms that were unfriendly to people in wheelchairs.

In addition to Crossroads, the lawsuits named Valley View Mall, Tanglewood Mall, Towne Square Shopping Center, Lake Drive Plaza and Spartan Square Shopping Center.

The lawsuits were filed by Denise Payne of Florida, a wheelchair user who found barriers for people with disabilities while visiting Southwest Virginia for a conference, and the National Alliance for Accessibility, which advocates for such people.

Payne and two such organizations have filed nearly 200 lawsuits across the country, according to court records.

Under the ADA, Payne cannot recover monetary damages. The lawsuits she filed in U.S. District Court in Roanoke asked that the deficiencies she cited be repaired.

King Tower, a Roanoke attorney who represented Crossroads, said the shopping center did not admit any wrongdoing as part of the settlement. Lawyers for Payne did not return calls.
 
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