Home » News
Filter by category:

ADA Lawsuit Dismissed

 

When the Americans with Disabilities Act (ADA) became law in 1991 it looked like a public-spirited statute to assist the disabled with public accommodations. Over the years, however, it became a tool for trial lawyers to harass and sue business owners with "drive by actions.” Recent legislative and judicial developments may diminish this trend.

Last week, the 11th Circuit Court of appeals ruled that a plaintiff who had sued a store for violation of the ADA, lacked standing to sue because she lived 175 miles from the store and was unlikely to return. Similar rulings in MD and other venues buttress this trend.

Meanwhile, the House passed H.R. 620, the " ADA Education and Reform Act” to address this and other trumped up litigation matters. H.R. 620 requires Plaintiffs’ counsel to provide defendants with: the property address, the specific ADA section(s) allegedly violated, whether a request to remove the architectural barrier was made and whether the barrier was temporary or permanent. H.R. 620 also prohibits filing suit to remove the barrier unless the putative plaintiff with specifics concerning the barrier and the store owner has failed to respond with the actions it has taken to address the situation. Unfortunately, the bill faces an uncertain future in the Senate given that 60 votes is needed to pass the bill. With the GOP holding a slim 51-49 majority, nine Senate democrats would need to join Republicans.

Retail Federal







RINAlliance PMMIC Insurance Reynolds Marketing Services Company Seneca Companies EMC Insurance Unified Contracting Services AssuredPartners Altria Philip Morris International Otter Creek Country Stores, Inc Cylinder Express Sinclair Renewable Energy Group HEALTHAlliance O'Day Flint Hills Tanknology MAST ATM GROWMARK Energy Rainbo Oil Company Midwest Petroleum Equipment HTP Energy Jet Gas Seneca Tank Molo Petroleum Westmor Industries Kimmes Country Stores Federated Insurance Elliott Oil Company Phillips 66 Shell Iowa Lottery Olsen Fuel Supply Reif Oil McDermott Oil Co Central Bank McGowen, Hurst, Clark & Smith PC Mulgrew Oil Delta Dental Core-Mark Community Oil Company Foster Group Voss Distributing Wellmark Cenex
PMCI Facebook PMCI Twitter PMCI LinkedIn
Home   |    About FUELIowa   |    Site Map   |    Privacy   |    Contact Us   |    ©2019 FUELIowa, All Rights Reserved
10430 New York Ave., Suite F, Urbandale, IA 50322-3773   |    P. 515.224.7545   |    F. 515.224.0502
Home
About FUELIowa
Site Map
Privacy
Contact Us
10430 New York Ave., Suite F, Urbandale, IA 50322-3773
P. 515.224.7545
F. 515.224.0502
©2019 FUELIowa, All Rights Reserved