Retail
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Are you saying these guys couldn’t deal with a 1:15 slope? Just what is an “architectural barrier” under the ADA
Just a few weeks ago I wrote about what seems to be a pervasive though obvious problem with the analysis of standing for ADA accessibility plaintiffs. (“Oops! – Can a plaintiff suffer an ADA injury if he gets exactly what he wants?” Oct. 4, 2013). The 11th Circuit apparently overlooked my critique when it decided Houston… Continue reading
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Missing the forest for the trees – Are the ADA Standards just a bunch of numbers?
On September 30 the District Court for the Eastern District of California denied in part and granted in part a defense motion for summary judgment concerning ADA compliance in the mens restroom at a Bed Bath & Beyond. Feezor v. Excel Stockton LLC, 2013 WL 5486831 (E.D.Cal. 2013). In a 5300 word opinion the Court mentions only… Continue reading
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Curb cuts, accessible parking and avoiding ADA litigation
95% of the ADA lawsuits filed in Texas and elsewhere seem to start with barriers to access in the parking lot. It isn’t hard to understand why. Before the effective date and for many years afterwards business owners believed that a ramp up to the existing curb next to a marked parking spot was all… Continue reading
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Fido frenzy – dealing with the service dog litigation explosion
With widespread media coverage of disputes about service dogs in bars and restaurants disability advocates, real and self proclaimed, are predicting an explosion of litigation about service dogs under the Americans with Disabilities Act. There has been no change in the statute itself, and the Department of Justice regulations for service dogs went into effect… Continue reading
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Patience pays off when defending ADA cases
“Don’t fire till you see the whites of their eyes” was William Prescott’s famous advice to the colonial soldiers defending Bunker Hill, and that kind of patience can be important to ADA defendants as well. Property owners and operators sued under the Americans with Disabilities Act always face a strategic choice: Should they simply remediate… Continue reading