Want to Avoid an ADA lawsuit by Scott Johnson ?

By Catherine M. Corfee, Esq. “Scott Johnson Lawsuits.”

Disabled Scott Johnson is notorious for targeting businesses to set them up for lawsuits in Federal Court claiming he  was discriminated against under the Americans with Disabilities Act (ADA). He literally “drives-by” businesses looking for problems such as narrow disabled parking spaces, missing handicap signs, lack of curb cuts, steep ramps, and unlevel  entrances. When Scott Johnson spots a building code violation, he sues alleging that he was barred from equal access to the goods and/or services as compared to the non-disabled. Scott Johnson’s reward? $4000 per visit in statutory damages under the California Unruh Act.. So if he visits four times, then he recovers $16,000 plus attorneys’ fees and costs. There are some exceptions, however, you have to pay for those arguments. And he and his counsel know! Continue Reading.

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Are you on Koussa’s Hit-List for an ADA Lawsuit in Napa Valley?

By Catherine M. Corfee, Esq. “Koussa’s ADA Lawsuits in Napa Valley”

Pamela Koussa, a disabled woman who uses a wheel chair and has placed Napa and its surrounding area on her hit list for ADA lawsuits  She lives in the area. .In all of her ADA lawsuits Koussa claims the same thing, that she that she was discriminated against because there were barriers, namely parking, that allegedly prevented her from enjoying the facility on a full and equal basis as a non-disabled patron. Koussa has sued many businesses on the same street and the same month. One defendant challenged Koussa as operating a business without a license and rumor has it that she paid to get out of that case. Ms. Corfee has the law with respect to asserting that she is running a business.  The question is, does she really visit the Napa businesses to “enjoy” them like a non-disabled patron, or does she go there to set them up for a lawsuit?  You decide, here are some of the facts. Continue Reading.

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Need an ADA Inspector for Compliance?

By Catherine M. Corfee, Esq. “ADA Attorneys who perform Site Inspections.”

ADA ACESSThere are risks associated with hiring “non-attorney” ADA experts. They are not the attorneys litigating the ADA access codes in court or know how the judges are interpreting: (1) the ADA and/or title 24 of the California building code; (2) the readily achievable defense; (3) liability for a facility that had an alteration; and/or (4) liability for new construction. An expert who is not an attorney may apply the codes not knowing about your defenses or less expensive solutions. Continue Reading

 

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Need an ADA Inspector by an ADA Attorney?

By Catherine M. Corfee, Esq.  “ADA Access Inspections.”

Many business in California have been sued by disabled patrons who were either denied access or had problems accessing a business. The Americans with Disabilities Act (ADA) provides federal civil rights protection to these individuals with disabilities. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. Continue Reading

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Is your small business exempt for damages owed to a disabled plaintiff claiming ADA violations?

By Catherine M. Corfee, Esq. “Small Employer Exemption.”

small empl 1Since 2016, the money making business of professional disabled plaintiffs and their counsel may face some risks. In California, several litigious disabled individuals in wheelchairs have been filing hundreds of lawsuits in Federal Court against unsuspecting businesses for alleged lack of perfect disabled access. Does your entrance door meet the 5lbs pressure requirement? Is it a minimum of 32” wide? If not, you may wind up in Federal Court sued by a disabled plaintiff demanding a minimum of $4,000 “per visit,” plus attorney’s fees/costs and a demand for a court order instructing you to comply with the ADA. If you do not voluntarily comply, and a court orders you to comply, then you will be hit with a large sum of attorneys’ fees and/or costs that you must pay the plaintiff and his/her counsel. A new California law may protect you if you are a small employer with 50 or fewer employees, had your facility inspected for ADA access by a CASp, and you started making access improvements. Continue Reading.

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Does your auto dealership have hand controls?

By Catherine M. Corfee, Esq. “New ADA Policy for auto dealerships.”

car control adaThe Federal Appellate Ninth Circuit Court recently ruled that an auto dealership violated its disabled customer's civil rights by not offering temporary hand controls to allow him to test drive their vehicles, like the non-disabled can.  The dealership's employee informed the disabled customer that they did not have the hand controls.  Seems like a reasonable response given that there are zero federal and/or California state codes requiring hand controls.  The Federal Court, however, stretched the law even more to blame the dealership for violating the disabled person’s civil rights. Continue Reading.

 

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Does your hotel have a pool lift?

By Catherine M. Corfee, Esq. “Hotel pool lift requirements under the ADA .”

Do you have a pool lift?  You are required under Title III of the Americans with Disabilities Act to make a pool lift accessible to disabled hotel clientele?  Check out the U.S. Department of Justice’s publication from May of 2012 detailing each requirement related to pool lifts https://www.ada.gov/pools_2010.htm.  A disabled individual , Ms. Theresa Brooke lives in Arizona and is suing California hotels and motels (older ones) for violating her civil rights under the Americans with Disabilities Act (“ADA”).  She demands emotional distress damages of $4,000 per visit, a court ordering you to implement one, and attorneys’ fees and costs.  Call Ms. Corfee at (916) 487-5441 for a free 15 minute consultation. Continue Reading

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Is your business ADA compliant?

By Catherine M. Corfee, Esq. “ADA Pictures Do’s and Dont’s .”

These pictures are a small portion of examples of what it takes to become ADA compliant. If you or your business is unsure of what it takes to become ADA compliant, call Corfee Stone & Associates today ! Click Here to view the picture chart!

 

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