As far as people making money, that's just the lawyers. As far as a lawsuit goes, the ADA is specific in awarding (A) only what was lost because of inaccessibility and (B) fees for your attorney if you win the case.
State laws are different. In CA, for instance, you can win $4000 per day for each violation for each day it exists until it is fixed. VERY few states do this. In most, you just get the problem fixed and your attorney fees paid. Mediation is another possibility. It is NOT sueing... it is sitting down with the owners (and probably their lawyers) and negotiating a fix and often a $$ amout to settle for to compensate you for your attorey fees and your "inconvenience." I've gone through 2 mediations -- one successful and one forwarded to the US Justiice Dept. (who then negotiates on behalf of the American people and decides whether the resulting settlement agreement between you and the alleged offender is "fair.") Mediation results in a No-Fault settlement with the alleged offender admitting no violation and a confidentiality agreement to keep the agreement from being used as evidence in any future lawsuit. However, I feel if you have a good mediator, always appointed by the US, the process is better and quicker at getting ONE place fixed properly. If you go with a lawsuit, the outcome becomes law to be adhered to by anyone in any other similar situation ... whether you win or lose. (BAD laws have been made this way!!) Best of luck! Sincerely, Tod ---- "John S." <[email protected]> wrote: > I want to know just how people make money. Lawyer wanted $1500 just to talk > to me about the lack of handicapped facilities at the new stadium. Good luck > trying to sue because you can't get to a refreshment counter, yet your not > allowed to bring your own drink for fear it may be a bomb. There needs to be > a simple way to use the ADA but even the local county is not going to install > a ramp on a building they rent. I get cussed at be the county engineer > because I don't think installing a buzzer at the back door resolves the > problem since the buzzer is never turned on. (kids play with it). It is on > the 7th continuance and 3rd judge. They are waiting for me to die. (the real > spirit behind the law) > > john > > --- On Fri, 1/16/09, Tod E. Santee <[email protected]> wrote: > > From: Tod E. Santee <[email protected]> > Subject: Re: [QUAD-L] ADA Attorney > To: [email protected], "Merrill" <[email protected]> > Date: Friday, January 16, 2009, 10:13 PM > > Merrill, > > What state do you live in -OR- in what state was there an "alleged" > ADA violation? > > I would be very careful about looking for an ADA attorney outside your own > state. Each state was required to have it's own laws pertaining to the ADA. > The Federal ADA laws are a *minimum*. Some states go beyond that federal > minimum while others simply restate it. > > An attorney in your state would likely file suit both in federal court and in > state court. > > Alternately, your state's Attorney General's office can help you file > any complaint in violation of state or federal laws (or both as a "dual > filed" complaint). > > Also, there's often a 180 day deadline for filing a complaint. (But a > recent Supreme Court ruling may have ensured that "ongoing" violations > can be filed any time the discrimination still exists... the Lily Ledbetter > case.) > > Let me know where you are and I'll ask around. > > Best wishes! > --Tod > > ---- Merrill <[email protected]> wrote: > > Is there a favorite ADA attorney or ADA web site anyone wishes to > recommend? > > > > Merrill > > > >
