mark handler
SAWHORSE
http://www.argusleader.com/article/20130430/UPDATES/130430033/Former-Ms-Wheelchair-S-D-suing-eight-businesses-not-being-ADA-compliant?nclick_check=1
A former Ms. Wheelchair South Dakota is suing eight Sioux Falls businesses for making it too difficult for people with disabilities to park, shop, dine, gamble or use a restroom.
Kristina Allen, 33, wants a judge to force the businesses to adhere to the accessibility standards of the Americans With Disabilities Act of 1992.
The lawsuits, filed over several days last week in the U.S. District of South Dakota, target Jacky’s Restaurant and Bakery, Boonies Bar and Barbeque, Nutty’s Pub and Grill, Black Sheep Coffee, Sixth Street Market, Golden Harvest Chinese Restaurant, The Mint Casino and Crown Casino.
Allen claims that each of the businesses discriminate against people in wheelchairs by denying equal access. She has not asked for financial damages, but wants a federal judge to order each of the businesses to renovate to come into compliance with the law.
One of her lawyers, speaking on Allen’s behalf, said the lawsuits are a way to build awareness of the ADA’s accessibility requirements and the plodding pace toward compliance in local businesses.
“The law has been in existence for 20 years, and there’s really nobody out there enforcing it,” said Thomas B. Bacon, a Florida lawyer who specializes in ADA cases. “We’re not saying any of these businesses did anything bad. No one pushed over someone in a wheelchair … the fact is that these businesses are not complying with the law.”
The lawsuits contain common language and outline similar violations of the ADA at each of the Sioux Falls businesses.
Among the common issues are narrow entryways, improperly marked disabled parking spaces, misplaced grab bars in restrooms, ramps that are too steep to be safe, towel dispensers set too high off the ground, lunch counters and bars without lowered spaces and areas too cluttered to allow a person in a wheelchair to turn around.
In the case of the casinos, the lawsuits mention a lack of lowered video lottery machines.
Most of Bacon’s cases involve similar problems, he said. Some of his cases — although not Allen’s – involve clients who couldn’t make it to the restroom in time and “had an accident.”
The little things that most of us don’t notice can be big problems for people in wheelchairs,” Bacon said.
Allen was crowned Ms. Wheelchair South Dakota in 2010, saying at the time that she hoped to bring awareness to accessibility issues during her tenure. The Dallas Cowboys fan said she hoped to bring attention to accessibility issues to the forefront.
Ron Bell, chief building officer for Sioux Falls, said it’s true that the city doesn’t monitor existing businesses for ADA compliance. New businesses that renovate are required to build within international building codes, Bell said, which mirror ADA standards.
“As far as any work that is done, that has to be up to those standards,” Bell said.
Those who renovate are required to put the equivalent of 25 percent of the total cost of renovation into upgrading their existing property for compliance, Bell said, but that amount usually isn’t enough to fix every problem.
Colleen Moran, head of the city’s Human Relations Department, said people who think they’ve been discriminated against because of a disability can file a claim for review by the Human Relations Commission. The business can then respond to the claim and both sides can present their case to the commission.
In the end, Moran said, the commission will decide if “probable cause” exists to believe discrimination took place. The written decision does not entitle a person to specific damages, but “if you claim there’s discrimination based on a disability, that’s where you could start,” Moran said.
The Department of Justice has the authority to enforce the ADA, but Bacon said it doesn’t have the resources to take on all cases of discrimination.
Those with disabilities often end up filing lawsuits similar to Allen’s to enforce the law themselves, he said.
“They’re really the only ones out there enforcing it,” Bacon said.
Messages left for most of the business owners were not immediately returned.
A former Ms. Wheelchair South Dakota is suing eight Sioux Falls businesses for making it too difficult for people with disabilities to park, shop, dine, gamble or use a restroom.
Kristina Allen, 33, wants a judge to force the businesses to adhere to the accessibility standards of the Americans With Disabilities Act of 1992.
The lawsuits, filed over several days last week in the U.S. District of South Dakota, target Jacky’s Restaurant and Bakery, Boonies Bar and Barbeque, Nutty’s Pub and Grill, Black Sheep Coffee, Sixth Street Market, Golden Harvest Chinese Restaurant, The Mint Casino and Crown Casino.
Allen claims that each of the businesses discriminate against people in wheelchairs by denying equal access. She has not asked for financial damages, but wants a federal judge to order each of the businesses to renovate to come into compliance with the law.
One of her lawyers, speaking on Allen’s behalf, said the lawsuits are a way to build awareness of the ADA’s accessibility requirements and the plodding pace toward compliance in local businesses.
“The law has been in existence for 20 years, and there’s really nobody out there enforcing it,” said Thomas B. Bacon, a Florida lawyer who specializes in ADA cases. “We’re not saying any of these businesses did anything bad. No one pushed over someone in a wheelchair … the fact is that these businesses are not complying with the law.”
The lawsuits contain common language and outline similar violations of the ADA at each of the Sioux Falls businesses.
Among the common issues are narrow entryways, improperly marked disabled parking spaces, misplaced grab bars in restrooms, ramps that are too steep to be safe, towel dispensers set too high off the ground, lunch counters and bars without lowered spaces and areas too cluttered to allow a person in a wheelchair to turn around.
In the case of the casinos, the lawsuits mention a lack of lowered video lottery machines.
Most of Bacon’s cases involve similar problems, he said. Some of his cases — although not Allen’s – involve clients who couldn’t make it to the restroom in time and “had an accident.”
The little things that most of us don’t notice can be big problems for people in wheelchairs,” Bacon said.
Allen was crowned Ms. Wheelchair South Dakota in 2010, saying at the time that she hoped to bring awareness to accessibility issues during her tenure. The Dallas Cowboys fan said she hoped to bring attention to accessibility issues to the forefront.
Ron Bell, chief building officer for Sioux Falls, said it’s true that the city doesn’t monitor existing businesses for ADA compliance. New businesses that renovate are required to build within international building codes, Bell said, which mirror ADA standards.
“As far as any work that is done, that has to be up to those standards,” Bell said.
Those who renovate are required to put the equivalent of 25 percent of the total cost of renovation into upgrading their existing property for compliance, Bell said, but that amount usually isn’t enough to fix every problem.
Colleen Moran, head of the city’s Human Relations Department, said people who think they’ve been discriminated against because of a disability can file a claim for review by the Human Relations Commission. The business can then respond to the claim and both sides can present their case to the commission.
In the end, Moran said, the commission will decide if “probable cause” exists to believe discrimination took place. The written decision does not entitle a person to specific damages, but “if you claim there’s discrimination based on a disability, that’s where you could start,” Moran said.
The Department of Justice has the authority to enforce the ADA, but Bacon said it doesn’t have the resources to take on all cases of discrimination.
Those with disabilities often end up filing lawsuits similar to Allen’s to enforce the law themselves, he said.
“They’re really the only ones out there enforcing it,” Bacon said.
Messages left for most of the business owners were not immediately returned.