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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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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
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Reminders – the same news, some good, some bad.
A couple of recent cases caught my eye because they serve as reminders of the persistence of certain strategic considerations in ADA defense. The first, Taylor v. Wing It Two, Inc., 2013 WL 3778315 (S.D. Fla. 2013) demonstrates the perils of a settlement that isn’t followed by complete remediation. The defendant had settled a previous ADA lawsuit Continue reading
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Snap Judgment! The ADA requires it, but are you ready?
Imagine you are the operator of a paintball facility. A group of 15 blind individuals make a reservation without, however, mentioning they are blind. They arrive more than an hour late after a hike of several miles and are in a generally bad mood. One or two of them have trouble navigating the facility, with Continue reading
