retail
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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
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Obesity under the ADA – the plus size shopping experience.
Since I last blogged about obesity in March a pair of decisions from the Western District of Pennsylvania have taken up the question of obesity in connection with Title III lawsuits. Anderson v. Macy’s, Inc., 2013 WL 1857535 (W.D. Penn. 2013) and Anderson v. Kohl’s Corp., 2013 WL 1874812 (W.D. Penn 2013). The opinions are Continue reading
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ADA Access Barrier Cases – A request for removal should be an element of the claim.
While reading the latest ADA case reports this arresting statement caught my eye: “The [ADA] does not ordinarily require the owner of a facility to take affirmative measures to make the facility accessible to and usable by persons with disabilities.” Davis v. John S. Ciborowski Family Trust, 2013 WL 1410007 (D.N.H. 2013). The statement notes Continue reading
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Obesity and disability – demographics will drive litigation.
The obesity epidemic that attracts so much attention in terms of public health serves as an additional reason for businesses and property owners to pay attention to ADA and FHA accessibility issues. The statistics are well known and striking. In the last 40 years obesity (Body Mass Index >30) has increased from around 12% to Continue reading
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The yin and yang of ADA defense. Perilous settlements and temporary victories
A couple of district court decisions from late February should both comfort and warn ADA defendants. Gutierrez v. Chung, 2013 WL 655141 (E.D. Cal. 2013) reminds us that settlement alone doesn’t resolve an ADA violation. The only permanent solution is remediation. National Alliance for Accessibility, Inc. v. Millbank Hotel Partners, 2013 WL 653955 (D. Md. Continue reading
