Settlement Agreement:
Disabled customer accuses auto repair shop of violating ADA
Northern California Record
A disabled man who requires a wheelchair for mobility is suing a Lemon Grove automobile repair shop, alleging disability discrimination.
Karel Spikes filed a complaint Feb. 22 in U.S. District Court for the Southern District of California against Kevin Graves, doing business as SMOG or Tune, Trinh Tung doing business as MT Auto Repair, and Does 1 through 10, alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, on Nov. 6, 2017, Spikes went to the defendants' facility on Broadway in Lemon Grove to check his vehicle for smog compliance. Spikes says he was denied full and equal access to the facilities owned and operated by defendants because the property was inaccessible to members of the disabled community who use wheelchairs for mobility like himself.
Spikes alleges the barriers included lack of a van-accessible parking space and lack of an accessible path of travel to the goods and services offered by the facility.
The plaintiff alleges the defendants failed to fulfill their duties to provide full and equal access for people with disabilities that has caused disabled persons to suffer deprivation of civil rights as well as other injuries.
Spikes seeks trial by jury, actual, special and/or statutory damages between $1,000 and $4,000, punitive and exemplary damages, attorney fees, court costs, and all other relief the court deems proper. He is represented by attrorney Thomas J. Vandeveld, III of Vandeveld Law Offices in Bonita.
U.S. District Court for the Southern District of California case number 3:18-cv-00412-GPC-KSC
Disabled customer accuses Winnetka facility of violating ADA standards
Northern California Record
A disabled California man who requires heavy leg braces for mobility is suing a Winnetka business, alleging disability discrimination.
Darryl Eversole filed a complaint Feb. 5, in the U.S. District Court for the Central District of California against Jerick Hacobian, Raven Enterprises, LP, Stonehaven Enterprises LLC and Smart & Final Stores LLC, alleging violation of the Americans With Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, in 2017, Eversole visited the defendants' store at 7224 Mason Ave. to shop. The suit says Eversole encountered barriers as the north lot had no parking spaces marked and reserved for persons with disabilities like himself.
Eversole says the inaccessible conditions denied him full and equal access, which caused him difficulty and frustration.
The plaintiff alleges the defendants failed to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities.
Eversole seeks trial by jury, injunctive relief, actual damages, a statutory minimum of $4,000, attorney fees, litigation expenses and costs of suit. He is represented by attorney Isabel Masanque of Center for Disability Access in San Diego.
U.S. District Court for the Central District of California case number 2:18-cv-00920-JFW-SS
Houston Chronicle
Only days before a crucial state primary, the Justice Department has halted its effort to send observers during the election to assess whether Harris County polling sites are accessible to disabled voters.
The observer request was made as part of an ongoing U.S. Department of Justice lawsuit spearheaded by the civil rights and disability rights division in Washington, D.C., alleging Harris County’s voting sites are in violation of the Americans with Disabilities Act. Among the concerns Justice department identified in its claim are the lack of appropriate parking, proper ramps, navigable sidewalks, passageways and voting space, and other mandatory accommodations.
ADA Suit Against 1-800-Flowers.com Blooms
Lexology
Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against 1-800-Flowers.com.
The plaintiffs—three individuals and national disability rights organization Access Now—alleged that the 16 sites operated by the defendant were not sufficiently accessible to blind and visually impaired consumers. They requested a permanent injunction compelling the defendant to bring the sites into compliance with the ADA, specifically Version 2.0 of the Web Content Accessibility Guidelines.
1-800-Flowers.com responded that it could not be liable for the failure to follow voluntary standards for web accessibility.
But the court denied the defendant’s motion to dismiss, holding that the plaintiffs alleged violations of the ADA and only requested a remedy based on the Guidelines.
Wild and precious life: ADA threatened by federal legislation
Daily Astorian
Unbeknownst to me at the time, 1990 would be a fortuitous year.
Working full-time as a newspaper reporter during the week, on weekends I was more often than not adventuring out on some long-distance bike ride or another with my then-husband, the late Richard Fencsak. We owned Bikes & Beyond in Astoria, so cycling — and athletics, in general — consumed our lives.
Not surprisingly, the passage of the Americans with Disabilities Act that year did not even register a blip in our household. Even if it had, the landmark legislation did not affect us — or so we thought. We were young and believed ourselves invincible, inhabiting bodies that could take on even Astoria’s steepest hills on our sleek racing bikes. What could happen to us?
CUNA sees victory with ADA case dismissal
CUinsight.com
Today a lawsuit against Houston-based BCM Federal Credit Union was voluntarily dismissed with prejudice just eight days after CUNA and the Cornerstone Credit Union League filed a brief supporting BCM’s motion to dismiss the case. Similar predatory lawsuits have detrimentally impacted credit unions alleging non-compliance with the Americans with Disabilities Act. CUNA has engaged its 360-advocacy to find a solution in the legal, political and regulatory arenas.
United States: New Bill Targets The Disabled
Mondaq News Alerts
Nearly one in five Americans are currently living with a disability, according to the U.S. Census Bureau. That is about 56.7 million people.
The Americans with Disabilities Act (ADA) was signed into law in 1990, which prohibits discrimination against individuals with disabilities in all areas of public life. However, on Feb. 15, the House of Representatives voted to pass bill H.R.620 – the ADA Education and Reform Act.
This act would effectively undermine the provisions outlined by the ADA, which would cause a protected class — those with disabilities — to become vulnerable to inequality. Over 200 disability rights supporters signed a letter opposing this bill, as reported by Newsweek.
Judge Advances Men's ADA Complaint Against Uber
Courthouse News Service
A federal judge on Thursday kept alive a lawsuit accusing Uber of failing to provide wheelchair-accessible vehicles to disabled riders in Jackson, Mississippi.
U.S. District Judge Richard Seeborg in San Francisco granted part of Uber’s motion for judgment on the pleadings, tossing the plaintiffs’ California Disabled Persons Act claim because they live outside the state. But he allowed their federal Americans With Disabilities Act claim to proceed.
“Uber cannot defeat ADA liability on the grounds that it is not a covered entity” under the statute, Seeborg wrote.
Non-profit group concerned over tactics in ADA lawsuits
Good4Utah
A non-profit group is concerned over the tactics used to file lawsuits against businesses accused of violating the Americans with Disabilities Act.
The director with the Utah Disabilities Law center said those tactics are questionable but it raises awareness to the problem.
In federal court, Attorney James Ord has filed 179 lawsuits against businesses accusing them of violating the American with Disabilities Act (ADA).
Navy Follows Through on Firing Employee After Failing for 4 Years to Accommodate Her Disability
GovExec.com
The Navy fired a civilian employee this week after a years-long struggle to accommodate her disability, citing her medical condition as the reason for her termination.
Government Executive profiled Dawn Dunphy in November, detailing her battle with the Navy, the manufacturer of the speech-assistance software she was promised when the department recruited and hired her, and the contractors that maintain the Navy Marine Corps Intranet platform upon which most Navy computers operate. In September, four years after hiring her, the Navy sent Dunphy a notice of proposed removal. The actual removal date was delayed several times, but Dunphy was given a letter cementing her firing on Tuesday.
Website Operators Are On Notice: Recent Events May Force Change
Law.com
Since 1990, the Americans with Disabilities Act has required businesses and public entities to make reasonable accommodations to meet the needs of disabled individuals.
Skepticism over ADA lawsuits filed in federal court
Good4Utah
Attorney James Ord is claiming to be a champion for those with disabilities.
But these days Ord is anything but a hero to the hundreds of Utah businesses he's tangled with in court. He has come under fire for filing nearly 200 lawsuits over alleged violations of the Americans with Disabilities Act.
Are Disabled Persons Collateral Damage in Congress' Bid to Curb ADA Lawsuits?
Law.com
The recent surge in lawsuits by disabled persons over access to businesses would be tamped down under a proposed revision to the Americans with Disabilities Act, according to both supporters and opponents of the legislation.
Court reversal supports terminated teacher's ADA charge
Business Insurance
A federal appeals court has reversed a lower court and reinstated an Americans with Disabilities Act charge filed by a terminated teacher against the San Diego Roman Catholic Archdiocese, ruling there is evidence to support her claim she was fired because the archdiocese regarded her as disabled.
Michelle Baker’s contract was not renewed in 2013 after she had worked as a teacher for 13 years at Cathedral Catholic High School in San Diego, according to Tuesday’s ruling by the 9th U.S. Circuit Court of Appeals in San Francisco in Michelle Baker vs. Roman Catholic Archdiocese of San Diego et al.
In August 2012, Ms. Baker sustained a concussion after a fall at work and later suffered symptoms including dizziness, instability, loss of balance, double vision and migraine headaches. She repeatedly notified her principal of her problems, according to court papers.
At her termination, Ms. Baker, 67, was told that various categories of her work performance and behavior were “areas for growth,” according to the court papers.
After her termination, she filed suit in U.S. District Court in Pasadena, California, charging disparate treatment under the ADA.
The National Law Review
An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans with Disabilities Act. Sloan v. Repacorp, Inc., 3:16-cv-00161 (S.D. Ohio Feb. 27, 2018).
United States: Your School Could Be One Click Away From A Lawsuit
Mondaq News Alerts
The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both current and hopeful students and their families access information, explore what the school has to offer, and connect with the community.
Though not necessarily an intuitive concept, you need to understand that in the eyes of the law, your website is akin to a physical structure that must be accessible to individuals with disabilities. In fact, websites have become the new hotbed of litigation brought under the Americans with Disabilities Act (ADA), and schools that increasingly rely on their web presence need to take note.