As we’ve said in blog posts here before, the American Disabilities Act (ADA) was designed to protect those citizens with disabilities as they navigate the various businesses out in the world. It has become a very fertile space for some of your more parasitic law firms looking to generate new business for themselves while harassing small business owners into settling these nuisance claims.
Case in point, a California client was sued by a law firm with the complaint claiming that their plaintiff (in a wheelchair) tried to use the client facilities and was denied service as a disabled person on this specific date. A stickler for the facts, Dean reviewed all of the client evidence from that date and lo and behold, there was no sign of the plaintiff actually at the client’s business. The complaint got the date wrong and the receipts produced by the plaintiff are not even for the correct client location! Security footage from a different date does show the plaintiff at the client premises, but being served properly as a disabled person.
In other words – no ADA violation, nothing to complain about and how you say…no case! As Dean says, “most of these matters settle out of court, but we’ll defend this one because it belongs in the fiction section.” And so the defense begins and we’ll keep you posted re: the outcome.
The U.S. Congress is considering a bill (HR 620) to make lawsuits in these matters a last resort instead of a go-to tactic to benefit a small group of enterprising attorneys and their disabled clients. We’ve even recently heard of a company being sued because their WEBSITE wasn’t ADA compliant! Sheesh! Where there are people, you’ll find disputes. And when you find your business in one, call on the straight-shooting, truth-telling litigator Dean Sperling who will work to resolve YOUR matter with YOUR best interests in mind!
More on the case:
H.R.620 – ADA Education and Reform Act of 2017