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More access from texas Paraplegic man sues Plano shopping center

mark handler

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Paraplegic man sues Plano shopping center

February 6, 2014 12:22 PM

By MELODY DAREING

A disabled man is suing a business on allegations it doesn’t meet accessibility standards.

http://setexasrecord.com/news/294046-paraplegic-man-sues-shopping-center

James Joseph Juluke Jr. filed a lawsuit Jan. 23 in the U.S. Court for the Eastern District of Texas Sherman Division against Preston Park Partners Ltd., claiming violations of the federal Americans with Disabilities Act and human rights violations.

According to the suit, Juluke is a paraplegic. He states the property of Preston Park Colonnade at 2101-2301 Preston Road in Plano is a shopping plaza he has visits on a regular basis.

However, Juluke alleges architectural barriers in the plaza prevent him from utilizing goods and services, according to a complaint.

Juluke seeks monetary damages and asks the court to declare the property in violation of ADA, to order property owners to alter the property to make it accessible and to change any policies prohibiting property changes to accommodate disabled persons, plus court costs.

Juluke is being represented by Jeff A. Wells of Aleshire Wells Crosland PLLC in Dallas.

United States District Court Eastern District of Texas Case No. 4:14-CV-0047-RC-ALM

This is a report on a civil lawsuit filed at the United States District Court Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.
 
While I realize that filing a suit against a business for violation of the ADA is perfectly within the confines of the law, I thought the only fees that could be recovered were legal fees. I didn't think you could sue for monetary damages under the ADA.
 
Msradell said:
While I realize that filing a suit against a business for violation of the ADA is perfectly within the confines of the law, I thought the only fees that could be recovered were legal fees. I didn't think you could sue for monetary damages under the ADA.
You are correct the ADA does not permit monetary damages to be assessed in lawsuits brought by individuals. But most states antidiscrimination laws allow it.

Thats why CA was so ripe for the lawsuits, $4 k per violation, until the CASp program, with a Casp report, the fines went down to $1 k.
 
The first time that I read the thread title i saw this: Paraplegic man sues Piano shopping center....I thought well he's not a quadriplegic.
 
mark handler said:
You are correct the ADA does not permit monetary damages to be assessed in lawsuits brought by individuals. But most states antidiscrimination laws allow it.Thats why CA was so ripe for the lawsuits, $4 k per violation, until the CASp program, with a Casp report, the fines went down to $1 k.
I know that in many states you can file a suit regarding ADA discrimination under the state's antidiscrimination laws and receive monetary damages but the OP said that he filed in federal district court. If he was found under the state's antidiscrimination laws he wouldn't be filing in federal court. That's what got me confused.
 
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