Serial litigant

[Ed62]

The problem is we make second class citizens out of the disabled when their needs are ignored. You've got a war Vet in a wheel chair, both legs missing, who wants a steak dinner or maybe to do some Christmas shopping but "sorry I've only got the money to stay in businesses serving those who can walk through the door". What about the family on vacation with a kid with cerebral palsy that needs to use the bathroom while dining in a restaurant? "Sorry our restroom is only for folks with full motor skills."

I agree with everything Tom said. But............................................... .
"Suing for ADA noncompliance has become a cottage industry for dozens of disabled Californians who have taken on the role of freelance enforcers of an often ignored federal statute. They secure piecemeal correction of offending premises and often enrich themselves and their lawyers in the process."


That's just wrong in so many ways.

Ed

[Pappy]

My wife has Degenrative Disk Disease and spends much of her time in a wheelchair. As time goes on she will become more and more confined to her chair. There are countless places we have gone where she could not manuever in stores and restaurants. The worst offenders are furniture stores and clothing stores. (Pay attention to the space between clothes racks in WalMart) Many of these establishments have been built or remodeled since the ADA was passed into law in 1990.

Most businesses, and their employees, will go out of their way to assist. This is especially true in small, family owned restaurants. There are still many that will have to be forced to make changes/improvements requuired by a law that they have had 18 years to comply with. There are others that have the attitude that 'if we don't get the handicap business, so what. It's a small percentage of the population.'

That being said I think the indivduals, and their lawyers, cited in the article are about a half point on the humanity scale above the woman that sued because the hot coffee she had between her legs while driving burned her.

[herb fellows]

Give businesses 30-90 days to correct deficiencies, and if they don't then sue them and donate proceeds to something worthwhile. Now you have a whiole different scenario.
This guy and others like him are just bottom feeders. They would be scammers if they were able bodied. The law is just helping him to scam people, that's all. Handicapped people have the same percentages of rotten apples as the rest of us; this is one of them.

[Tom Slick]

I agree that these guys are scum. Some of these violations are simply lacking grab rails, installing a wider door, or single lever faucets on a vanity with an open bottom so a chair can roll under it. We are not talking giant construction projects.

[docrowan]

Something else I don't understand about our legal system is how punitive damages are awarded. I think I understand the need for punitive damages - say a huge corporation is doing something harmful and making big profits from it, someone is injured and the jury awards damages and compensation, but this is just a drop in the bucket compared to the profits that can be made by continuing the harmful activity. So the jury awards some extra just to make the lawsuit sting enough that the corporation will think about changing it's behavior, or perhaps to make an example so other companies will think twice about engaging in the activity.

What I don't understand is why the punitive damages are awarded to the plaintiff and his or her lawyer. When I've paid speeding tickets I made the check out to the city or county, not the patrolman who pulled me over. It seems to me punitive damages should be paid to some government entity. Once again by awarding punitive damages to the plaintiff we are incentivizing frivilous lawsuits and asking for bottom feeding trial lawyers to troll for cases.

[dbhost]

Give businesses 30-90 days to correct deficiencies, and if they don't then sue them and donate proceeds to something worthwhile. Now you have a whiole different scenario.
This guy and others like him are just bottom feeders. They would be scammers if they were able bodied. The law is just helping him to scam people, that's all. Handicapped people have the same percentages of rotten apples as the rest of us; this is one of them.

I couldn't have said it better myself. Especially since, if I recall the story right, this clown hasn't been able to show any direct damages from ADA non compliance of any particular business.

On the store racking being too close in clothing departments. I am a big guy, and I make no apologies when I knock too close displays onto the floor. I have been fussed at by a Wal Mart department manager over this and I simply told the idiot that if the walkways allowed the required 36" path there wouldn't be a problem. (Even when I had a 32" waist, I still had to wear XL shirts because of my wide shoulders). Am I going to sue Wal Mart because their clothes racks are too close for a fat guy to get around without bumping into the jeans behind him? Uh, no...

[pelligrini]

The litigants cited in the article are abusing the system, but they aren't the norm for those trying to improve things for accessibility. Quite often they have to resort to lawsuits to get things accomplished. When the local municipalities do nothing, and the business owners do nothing, that's the only route left. I've read of times where it took over a year for a place to proprely install grab bars. When a lawsuit was brought down on them they finally complied with the law.

As an Architect, I see non-compliance with the law all the time. Just yesterday while out at a commercial remodel job a problem with a utility room with a sink came up. I informed the builder and owner that the fixture and room didn't comply and how to fix it. The builder said "Let's just wait to see if the inspector says anything" the owner said "We won't have any handicapped employees anyways". I see this sort of 'compliance' constantly.

Some items refered to in the code may seem excessive to an able bodied person, but when you have someone who really needs these items explain why they're needed and how they are used I can see why.

[bruce hylton]

My business is ADA compliant, but the ones down the street are not. No one complains enough and I get all the wheel chair traffic from them at usually the most inconvenient times. Most of them are fine people with a need, but if I thought they were going to hassle me over a small infraction, they better have the seat on their chair the right height and their brakes in fine working order.

[dbhost]

Funny thing about this is... With all the whining and moaning about disabled access here in the states, when LOML and I were in Mexico, the curbs there are insanely tall, the "ramps" would require a V-8 engine to pull a wheelchair bound person up them, when they existed, and God or gods help you if you wanted to get on a collectivo... Ain't gonna happen...

Bluntly put, if you think it's bad here, get a more global view of what life is really like for most of the world...