mark handler
SAWHORSE
Odessa,TX, businesses sued for ADA regulations
Plaintiff, attorney same who filed suits in Midland County,TX
http://www.oaoa.com/news/article_25a91c54-1e10-11e6-a92f-5b599af48b0a.html
Four businesses in Ector County are being sued in federal court by the same plaintiff and attorney who have filed numerous lawsuits in Midland County against the businesses for supposedly violating the American with Disabilities Act.
James W. Close, who is represented by Ronald Stern of the Advocacy Law Firm P.A. out of Hallendale, Fla., has filed lawsuits against Little Caesars, 621 E. 42nd St.; One Stop, 2401 N. West County Road; ACE Hardware 2601 N. West County Road; and Pizza Hut, 2625 N. West County Road, federal court documents show.
Close, who court documents show suffers from “blindness due to glaucoma combined with mobility issues related to congestive heart failure; diabetic neuropath in both hands and feet; loss of a toe on both feet cardiac; bypass surgery, loss of balance and implantation of a cardiac pacemaker and is therefore confined to his wheelchair,” visited all four locations in February
Court documents do not show what complaints were made against the East 42nd Street location, but do say the other three locations provides “no access aisles serving any existing parking spaces which would allow safe entrance to the building entrance,” “insufficient accessible routes to help persons with disabilities safely maneuver through the parking facility,” and does “not provide sufficient compliant disabled parking space.”
Calls made to Stern were not returned Thursday.
Close and Stern are also the plaintiff and attorney in several lawsuits filed against more than 30 businesses in Midland County, court documents show.
Several of the lawsuits, such as those filed against Cash American Pawn L.P. and Dollar Tree, have been closed, court documents show. However, more than half of the cases remain open.
In a Feb. 29 article from CBS 7, officials with the Midland Chamber of Commerce held a free seminar for business owners to make sure they were educated on the Americans with Disability Acts.
Congressman Mike Conaway, who called the lawsuits “frivolous” while addressing the U.S. House of Representatives on March 17, said many attorneys use tools such as Google Earth to find violations and then “file a lawsuit remotely.”
In response, Conaway co-sponsored the ADA Education and Reform Act, which says anyone filing a lawsuit citing the ADA without citing specific violations or reporting if assistance was asked for could face a criminal fine.
The bill, which has been filed, has been referred to the subcommittee on the Constitution and Civil Justice and is still awaiting further action.
“Businesses that have passed inspection are unaware of any ADA violations until a lawsuit arrives in their mailbox,” Conaway said in his statement. “Instead of demanding the violation be fixed, these lawsuits try to make a quick buck by settling out of court. The businesses have little choice: pay the settlement or pay expensive, business-ending attorney fees to fight the charge.”
Plaintiff, attorney same who filed suits in Midland County,TX
http://www.oaoa.com/news/article_25a91c54-1e10-11e6-a92f-5b599af48b0a.html
Four businesses in Ector County are being sued in federal court by the same plaintiff and attorney who have filed numerous lawsuits in Midland County against the businesses for supposedly violating the American with Disabilities Act.
James W. Close, who is represented by Ronald Stern of the Advocacy Law Firm P.A. out of Hallendale, Fla., has filed lawsuits against Little Caesars, 621 E. 42nd St.; One Stop, 2401 N. West County Road; ACE Hardware 2601 N. West County Road; and Pizza Hut, 2625 N. West County Road, federal court documents show.
Close, who court documents show suffers from “blindness due to glaucoma combined with mobility issues related to congestive heart failure; diabetic neuropath in both hands and feet; loss of a toe on both feet cardiac; bypass surgery, loss of balance and implantation of a cardiac pacemaker and is therefore confined to his wheelchair,” visited all four locations in February
Court documents do not show what complaints were made against the East 42nd Street location, but do say the other three locations provides “no access aisles serving any existing parking spaces which would allow safe entrance to the building entrance,” “insufficient accessible routes to help persons with disabilities safely maneuver through the parking facility,” and does “not provide sufficient compliant disabled parking space.”
Calls made to Stern were not returned Thursday.
Close and Stern are also the plaintiff and attorney in several lawsuits filed against more than 30 businesses in Midland County, court documents show.
Several of the lawsuits, such as those filed against Cash American Pawn L.P. and Dollar Tree, have been closed, court documents show. However, more than half of the cases remain open.
In a Feb. 29 article from CBS 7, officials with the Midland Chamber of Commerce held a free seminar for business owners to make sure they were educated on the Americans with Disability Acts.
Congressman Mike Conaway, who called the lawsuits “frivolous” while addressing the U.S. House of Representatives on March 17, said many attorneys use tools such as Google Earth to find violations and then “file a lawsuit remotely.”
In response, Conaway co-sponsored the ADA Education and Reform Act, which says anyone filing a lawsuit citing the ADA without citing specific violations or reporting if assistance was asked for could face a criminal fine.
The bill, which has been filed, has been referred to the subcommittee on the Constitution and Civil Justice and is still awaiting further action.
“Businesses that have passed inspection are unaware of any ADA violations until a lawsuit arrives in their mailbox,” Conaway said in his statement. “Instead of demanding the violation be fixed, these lawsuits try to make a quick buck by settling out of court. The businesses have little choice: pay the settlement or pay expensive, business-ending attorney fees to fight the charge.”