BAD LAW! (not really)

[Citizen Justice LLC]

Michael:
In California, Civil Cide, section 51 (enforcement of ADA), only applies to 
businesses open to the public. Here, you would automatically be exempt from 
suit, ie the judge would throw out the case.  Also, each incident is dealt 
with on a case per case basis.  In other words, if you are a small business, 
you may not be able to afford big changes to promote accessibility.  
However, cetrain alterations are considered "reasonable" and inexpensive.

please see
http://www.usdoj.gov/crt/ada/smbustxt.htm

and

http://www.usdoj.gov/crt/ada/pubs/mythfct.txt

this should provide you with more info.
-Julie

>From: Michael Freeman <michael at woodfreeman.com>
>Reply-To: amp-l at u.washington.edu
>To: "Amputee Information Network" <amp-l at u.washington.edu>
>Subject: BAD LAW!
>Date: Tue, 29 Oct 2002 15:23:31 -0800
>
>Hi Julie,
>Wow!
>There is probably a place for having some businesses comply with the Ada 
>rules, I know of a few.  BUT to get a fine that goes to the HC person... 
>that is tooooo much.
>
>About 2 years ago, a man in a wheel chair came to my place of business. 
>Mind you we do not cater to the public.  We get maybe 15 to 25 walk in's a 
>year.
>
>This man in the chair, asked if he could use the rest room. ( I mean he 
>said he really needed to use the rest room, he must have... we are the only 
>parking lot around for a block or two.)
>
>When he came out, he informed us that he was going to sue us because we did 
>not have a totally HC rest room, in fact the ramp that was in front of the 
>building (a 6" curb height) and the pad in front of the door, did not meet 
>specs and he was offended.
>
>It turns out this man, makes it a job to go from business to business to 
>sue them, his lawyer called a few days later and asked if we would settle 
>out of court.  He would settle for $2000.  He did not care if we made the 
>changes or not.
>
>As it turns out, being that we employ a HC worker (me) and the rest rooms 
>are functional for a person in a chair, and their is a entrance for 
>employee's that is HC compliant it was thrown out of court.
>
>I for one do not agree with the HC recovery part of the law.
>
>michael
>lbk '96
>was in a chair for 2 years with a incomplete SC injury
>Tacoma WA
>
>
>
>At 12:37 PM 10/29/2002 -0800, you wrote:
>
>>Hi everyone!
>>Thanks for the warm welcoming! Anyway, many of you have asked me what my 
>>physical disability is.  Well, I do not have one, but I am devoting my 
>>life to work with those who do.  I have helped many disabled people claim 
>>money, and alter buildings and other facilities to fit their needs.
>>
>>That is why I asked if anyone lives in California.  Here in California, we 
>>have excellent disability rights laws.  Any disabled person can sue a 
>>business to make them have accessible facilities and services.  The 
>>disabled person is also entitled to recover $4000 per violation.  I think 
>>this is great. Not only do you get money, but you're taking charge of your 
>>own comfort in society.  I have relatives who have done this.  They love 
>>it and they feel so much better about living in this society, even if 
>>sometimes it may ignore them.
>>
>>If anyone wants more info, let me know.  I just want everyone here to know 
>>that I am here to help.  I work with lawyers and an experienced staff who 
>>are dedicated to my cause as well.  These lawyers are more than happy to 
>>represent you for free.  Talk to you soon!
>>
>>Julie Rosolowski
>>_____________________
>>CITIZEN JUSTICE, LLC
>>5482 Wilshire Boulevard
>>Number 113
>>Los Angeles, CA 90036
>>(310) 749-7977
>>www.citizenjustice.com
>>
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