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. 2013), on the other hand, shows how to attack the boilerplate pleadings found in almost all ADA lawsuits. More
ada violation
Booths, tables and discrimination beyond the ADA Standards.
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Hospitality, Hotels, Restaurants, Retail, Shopping Centers Tags: ada litigation, ada violation, private lawsuits, private litigants, restaurants, retail
A few careless words in an opinion can spawn dozens of lawsuits and may create precedents that cost property owners and operators tens of thousands of dollars in legal fees if not in remediation costs. The question of whether compliance with ADA Standards and Guidelines is sufficient to avoid an ADA claim illustrates just how this can happen. More
It’s time to apply Iqbal and Twombly to ADA pleadings
By richardhunt in Accessibility Litigation Trends, ADA, ADA FHA General, ADA FHA Litigation General, Retail, Shopping Centers Tags: ada litigation, ADA pleading, ada violation, FHA ADA litigation "statute of limitations" strategy DOJ "attorney general" enforcement, private lawsuits, private litigants
Defendants are frequently and justifiably annoyed by the usual style of pleading in ADA accessibility cases. It appears that a few courts, although a minority, have begun to apply ordinary federal pleading standards to these claims, which will make it much easier to obtain dismissal of those without real merit.
Many ADA plaintiffs are cagey, to say the least, about exactly what barriers they encountered, when they encountered them, and what effect the encounter had. A typical shopping center lawsuit, for example, may allege that there are cross slopes, improperly marked handicapped parking, and ramps that are too steep, but will not identify the location of the cross slopes, parking or ramps. The date or dates on which the plaintiff encountered these barriers will not be stated, and there will be only the most general allegation that the plaintiff was, as a result of these conditions, unable to have access to the center. More
The Nitty Gritty – regulatory details that matter in the defense of ADA and FHA lawsuits
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, FHA Tags: ada litigation, ada violation, FHA Litigation
I’ve observed that in many ADA and FHA cases there is little dispute about the existence of barriers to access, but this isn’t always true. A decision from the Seventh Circuit in the first week of January serves as a reminder that sometimes the outcome of a case turns on the nitty gritty of the regulations about accessibility rather than on procedural battles over standing or limitations. More
Professionals take note – there is more to the ADA than physical access.
By richardhunt in Accessibility Litigation Trends, ADA, ADA FHA Litigation General, Professional services Tags: ada litigation, ada violation, communication disabilities, FHA ADA litigation "statute of limitations" strategy DOJ "attorney general" enforcement
On January 3rd the Justice Department announced a settlement that reminds professionals of our obligation under the ADA to be prepared to communicate with clients and others who may want to sue our services. The settlement involved a law firm with a debt collection practice. (The full text of the settlement is at http://www.ada.gov/peroutka_sa.htm). When deaf or hearing impaired debtors called to discuss their cases using telephone relay services (TRS) the firm’s employees directed the debtors to call back when a manager was available. This differential treatment violated Title III of the ADA. The firm ultimately agreed to pay $30,000 to the complaining parties and revise its procedures.
The settlement serves as a good reminder to law firms and other professional firms that we too are public accommodations subject to all of the requirements of the ADA, including those concerning communication. More