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Monroe woman with disabilities files federal lawsuits over access at businesses in Grand Rapids, Holland
Americas Nov 16, 2011
http://globalaccessibilitynews.com/2011/11/16/monroe-woman-with-disabilities-files-federal-lawsuits-over-access-at-businesses-in-grand-rapids-holland/
GRAND RAPIDS: Driving around the city, Jocelyn Dettloff can’t help but look at area businesses to see if she could get inside them with her wheelchair. Even a step at the front door is a barrier. “How do you expect people who are in chairs to get into your establishment?” Dettloff asked.
She said a lot of business owners probably don’t realize that some people with disabilities, rather than complain, just avoid those shops and stores. As a worker for Disability Advocates of Kent County, the Grand Rapids woman uses every opportunity to educate others on access laws — and the needless struggles some face because of barriers.
But some 20 years after the Americans with Disability Act (ADA) took effect, she sometimes wonders: “Are you kidding me? They’re still inaccessible?” Jill Caruso has taken her frustrations to another level.
The Monro woman, a mother of two and motivational speaker, has filed dozens of federal lawsuits in several states alleging ADA violations. She has filed six this year in the Western District of Michigan, targeting Baymont Inn & Suites near the Gerald R. Ford International Airport, and the Comfort Inn, Bob Evans and Denny’s in Holland, among others.
Born with spina bifida, Caruso has served on the President’s Committee for the Disabled and was Ms. Wheelchair Michigan in 1987.
Frustrated by accessibility issues, she has taken legal action to get businesses to comply with the ADA.
“Enough is enough,” Caruso said recently. “Everybody deserves to have equal access. If I want to go to a place, why can’t I go to the place?”
She said her goal is to increase accessibility for others. Too many business owners won’t make changes unless they’re called out legally, she said.
Critics say such tactics benefit only the lawyers who file the cases, as they’re typically paid by the defendants as part of the settlement. Businesses can expect to spend at least $5,000 to defend and settle such suits, said attorney Vincent Lynch, whose Florida firm has defended businesses against hundreds of ADA lawsuits.
“The plaintiffs are not entitled to damages, only attorney fees if they prevail,” he said.
Lynch said he has sent letters to those who have sued his clients, suggesting they discuss changes that could resolve their issues. He said he has never received a response.
The ADA was established in 1990. Under the law, facilities built before 1992 needed to have barriers removed that were “readily achievable” and didn’t require “much difficulty or expense,” Lynch said. Facilities built after that had to be “readily accessible” and “usable” to disabled people.
In an online article, Lynch called the ADA “a Pandora’s Box of litigation for small, medium and large businesses. Several disabled persons, disability organizations and their attorneys are bringing high-volume ADA litigation that is hurting business in an already difficult economic climate.”
In an interview, he said the law is being abused. “It’s hurting small businesses struggling to survive,” he said. But Caruso makes no apologies.
“If they spent one day in my life, I think they would probably understand,” she said. “It’s not about the money. I want it to be accessible for everyone, whether that’s people with walkers, older people, people with strollers. It’s sad. That’s just what it’s come to.” Caruso said she travels frequently, often alone.
She said issues arise when she can’t reach the air conditioner or heat knob, there is no shower seat, or the shower door swings the wrong way so she can’t get in — even in a room designated for disabled people. At her boyfriend’s apartment, there are no curb cuts, so she has to wait for him to help her up, she said. “These are not little things,” she said.
Caruso said she has gotten hate mail over her lawsuits, but others appreciate her efforts. Many others will find access that might not have been there, she said.
“My lawsuits are public record,” Caruso said. “And I feel my results speak for themselves. I feel that my actions are remedies to fix the limited access for people with disabilities.”
In Caruso’s lawsuit against Baymont Inn, her attorney, Owen Dunn, said barriers to access endangered his client’s safety.
He said she acts as a “tester” while visiting businesses and assessing accessibility.
“Jill Caruso desires to visit the hotel not only to avail herself of the goods and services available at the property but to assure herself that his property is in compliance with the ADA so that she and others similarly situated will have full and equal enjoyment of the property without fear of discrimination,” Dunn said.
Caruso has an 18-year-old son, Devan, and a 6-year-old daughter, Mia.
David Bulkowski, executive director of Disability Advocates of Kent County, said most places comply with the law. But even places that comply still present obstacles, he said. For instance, some aren’t designed for the wider scooters that are growing in popularity.
“There’s no such thing as a one-size-fits-all in the disability world,” Bulkowski said. “There are still issues out there.”
He said his agency tries to work with businesses, and he said many “seek us out before they start construction.” His agency has worked closely with Woodland Mall, for example.
The trouble is, a lot of barriers for the disabled are “literally poured in concrete,” he said.
The lack of a curb cut can stop wheelchair users in their tracks, Bulkowski said. Concrete settles and takes a beating in Michigan winters.
He said it is easy to forget the struggles of disabled people. Bulkowski, who has no disabilities, often reminds himself that “I’m living in a world built for me.”
Dettloff has used a wheelchair for 15 years after a spinal-cord injury at age 26. She said she has had her share of frustrations, but none worse than during a June trip to New York City.
“I was actually stunned that for a touristy city it is — oh my gosh — so many restaurants and pubs and shops, they have a step there to get into them,” she said.
Dettloff said she can see all sides and knows it can be expensive for businesses to make changes.
“A lot of times, businesses aren’t going to do it,” she said. “They say, ‘We don’t get those kinds of people in here.’ “Well, of course you don’t.”
Americas Nov 16, 2011
http://globalaccessibilitynews.com/2011/11/16/monroe-woman-with-disabilities-files-federal-lawsuits-over-access-at-businesses-in-grand-rapids-holland/
GRAND RAPIDS: Driving around the city, Jocelyn Dettloff can’t help but look at area businesses to see if she could get inside them with her wheelchair. Even a step at the front door is a barrier. “How do you expect people who are in chairs to get into your establishment?” Dettloff asked.
She said a lot of business owners probably don’t realize that some people with disabilities, rather than complain, just avoid those shops and stores. As a worker for Disability Advocates of Kent County, the Grand Rapids woman uses every opportunity to educate others on access laws — and the needless struggles some face because of barriers.
But some 20 years after the Americans with Disability Act (ADA) took effect, she sometimes wonders: “Are you kidding me? They’re still inaccessible?” Jill Caruso has taken her frustrations to another level.
The Monro woman, a mother of two and motivational speaker, has filed dozens of federal lawsuits in several states alleging ADA violations. She has filed six this year in the Western District of Michigan, targeting Baymont Inn & Suites near the Gerald R. Ford International Airport, and the Comfort Inn, Bob Evans and Denny’s in Holland, among others.
Born with spina bifida, Caruso has served on the President’s Committee for the Disabled and was Ms. Wheelchair Michigan in 1987.
Frustrated by accessibility issues, she has taken legal action to get businesses to comply with the ADA.
“Enough is enough,” Caruso said recently. “Everybody deserves to have equal access. If I want to go to a place, why can’t I go to the place?”
She said her goal is to increase accessibility for others. Too many business owners won’t make changes unless they’re called out legally, she said.
Critics say such tactics benefit only the lawyers who file the cases, as they’re typically paid by the defendants as part of the settlement. Businesses can expect to spend at least $5,000 to defend and settle such suits, said attorney Vincent Lynch, whose Florida firm has defended businesses against hundreds of ADA lawsuits.
“The plaintiffs are not entitled to damages, only attorney fees if they prevail,” he said.
Lynch said he has sent letters to those who have sued his clients, suggesting they discuss changes that could resolve their issues. He said he has never received a response.
The ADA was established in 1990. Under the law, facilities built before 1992 needed to have barriers removed that were “readily achievable” and didn’t require “much difficulty or expense,” Lynch said. Facilities built after that had to be “readily accessible” and “usable” to disabled people.
In an online article, Lynch called the ADA “a Pandora’s Box of litigation for small, medium and large businesses. Several disabled persons, disability organizations and their attorneys are bringing high-volume ADA litigation that is hurting business in an already difficult economic climate.”
In an interview, he said the law is being abused. “It’s hurting small businesses struggling to survive,” he said. But Caruso makes no apologies.
“If they spent one day in my life, I think they would probably understand,” she said. “It’s not about the money. I want it to be accessible for everyone, whether that’s people with walkers, older people, people with strollers. It’s sad. That’s just what it’s come to.” Caruso said she travels frequently, often alone.
She said issues arise when she can’t reach the air conditioner or heat knob, there is no shower seat, or the shower door swings the wrong way so she can’t get in — even in a room designated for disabled people. At her boyfriend’s apartment, there are no curb cuts, so she has to wait for him to help her up, she said. “These are not little things,” she said.
Caruso said she has gotten hate mail over her lawsuits, but others appreciate her efforts. Many others will find access that might not have been there, she said.
“My lawsuits are public record,” Caruso said. “And I feel my results speak for themselves. I feel that my actions are remedies to fix the limited access for people with disabilities.”
In Caruso’s lawsuit against Baymont Inn, her attorney, Owen Dunn, said barriers to access endangered his client’s safety.
He said she acts as a “tester” while visiting businesses and assessing accessibility.
“Jill Caruso desires to visit the hotel not only to avail herself of the goods and services available at the property but to assure herself that his property is in compliance with the ADA so that she and others similarly situated will have full and equal enjoyment of the property without fear of discrimination,” Dunn said.
Caruso has an 18-year-old son, Devan, and a 6-year-old daughter, Mia.
David Bulkowski, executive director of Disability Advocates of Kent County, said most places comply with the law. But even places that comply still present obstacles, he said. For instance, some aren’t designed for the wider scooters that are growing in popularity.
“There’s no such thing as a one-size-fits-all in the disability world,” Bulkowski said. “There are still issues out there.”
He said his agency tries to work with businesses, and he said many “seek us out before they start construction.” His agency has worked closely with Woodland Mall, for example.
The trouble is, a lot of barriers for the disabled are “literally poured in concrete,” he said.
The lack of a curb cut can stop wheelchair users in their tracks, Bulkowski said. Concrete settles and takes a beating in Michigan winters.
He said it is easy to forget the struggles of disabled people. Bulkowski, who has no disabilities, often reminds himself that “I’m living in a world built for me.”
Dettloff has used a wheelchair for 15 years after a spinal-cord injury at age 26. She said she has had her share of frustrations, but none worse than during a June trip to New York City.
“I was actually stunned that for a touristy city it is — oh my gosh — so many restaurants and pubs and shops, they have a step there to get into them,” she said.
Dettloff said she can see all sides and knows it can be expensive for businesses to make changes.
“A lot of times, businesses aren’t going to do it,” she said. “They say, ‘We don’t get those kinds of people in here.’ “Well, of course you don’t.”
