Brooke v. A-Ventures, LLC, 2:17-CV-2868-HRH, 2017 WL 5624941, at *1 (D. Ariz. Nov. 22, 2017) is a case with an unusual procedural posture and a holding that shows a frightening misunderstanding of issues concerning website development. According to this judge, making a website accessible is an admission of an ADA violation and a business website can never be fixed so well that a case against it is moot. More
ADA – Hotels
Courts in Florida, at least, do not appear to be impressed by the Ninth Circuit’s decision in Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 2017 WL 3401319 (9th Circuit, August 9, 2017).* In Seiger v. M&M Fin. Inv’rs Intl., Inc., 2017 WL 3971451, at *1 (M.D. Fla. Sept. 8, 2017) a District Judge in Florida reviewed the case law in his jurisdiction and concluded that a plaintiff who never personally saw or encountered a barrier to access could not have standing because he had not suffered any injury. Mere knowledge of the barrier to access was not enough. More
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA - Hotels, ADA - serial litigation, ADA FHA Litigation General, Restaurants, Retail, Shopping Centers Tags: ADA drive-by litigation, ADA serial litigation, frequent filers, Strojnik, The Economist
This is a bit of tooting our own horn. In an article published in the May 28 edition of The Economist, and available on-line at the following link (“Frequent Filers”) Richard is quoted concerning the serial litigation epidemic. This followed several hours of interviews with reporter Benjamin Sutherland in which Richard provided background information on the ADA and so-called “drive-by” litigation. You don’t have to wait for The Economist to publish another article, or wonder how much information was left out because of format restrictions. Just subscribe to our blog for frequent updates on the ADA and FHA.
As an aside, the Arizona attorney quoted in the article, Peter J. Strojnik, should not be confused with his son P. Kristofer Strojnik, (also sometimes referred to as Peter K. Strojnik), who was the subject of a May 13, 2016 ruling from the Central District of California. In Brooke v. Clay Andro Peterson, 2016 WL 2851440 (C.D.Cal. May 13, 2016) the District Judge dismissed three lawsuits filed by P. Kristofer Strojnik that were based solely on telephone calls to various hotels by the plaintiff. The reasoning will apply to many of P. Kristofer Strojnik’s cases, and should be studied by any lawyer representing clients sued by the plaintiff, Ms. Brooke, or by P. Kristofer Strojnik’s firm. For more detail, see tomorrow’s blog – “Dialing for Dollars Revisited.” You will find more information on P. Kristofer Strojnik at the State Bar of Arizona website: Phoenix Attorney Peter K. Strojnik Suspended
for Threatening Opposing Party with Public Shaming.