If
Phoenix-area business owners don’t already know who David Ritzenthaler is, they
soon will. The Scottsdale resident has sued more than 200 local businesses and
landlords for alleged parking lot violations of the Americans with Disabilities
Act. And he is just getting warmed up—I anticipate that he could file up to
10,000 ADA lawsuits within the next six months. Read my earlier blogs about Mr. Ritzenthaler’s
lawsuits here and here.
There is a
method to Mr. Ritzenthaler’s madness—he is suing businesses zip code by zip
code. He started in Scottsdale and now is working his way through central
Phoenix. I have personally represented
more than two dozen business owners who have been sued by Mr. Ritzenthaler and
have become very familiar with Mr. Ritzenthaler (and his attorney’s) M.O.
The ADA is a
complex and incredibly dense Federal law. However, Mr. Ritzenthaler’s lawsuits only
allege violations of the provisions addressing parking lots. Specifically, Mr.
Ritzenthaler (and his attorney) are looking at the number, location and dimensions
of the lot’s accessible spaces as well as whether those spaces have the proper
signage outlined in the 2010 ADA Standards for Accessible Design.
Many of my
clients have been lulled into a false sense of security—believing that their
properties were ADA compliant because their paving company, city building
inspector, architect, etc. told them they were. The ADA is a civil rights law,
not a building code. A property can
still be noncompliant with the ADA even though it passed a government building
inspection.
Phoenix-area business owners who have not yet been sued should consult with a knowledgeable attorney and make sure they take proactive steps to avoid getting caught in Mr. Ritzenthaler's drive-by litigation tactics.
is
a business litigation and employment law attorney at Jennings, Strouss
& Salmon, P.L.C. He regularly represents businesses in ADA
compliance related disputes and provides advice on preventative measures
- See more at:
http://www.jsslaw.com/news_detail.aspx?id=463#sthash.lB5QF7Ix.dpuf
is
a business litigation and employment law attorney at Jennings, Strouss
& Salmon, P.L.C. He regularly represents businesses in ADA
compliance related disputes and provides advice on preventative measures
- See more at:
http://www.jsslaw.com/news_detail.aspx?id=463#sthash.lB5QF7Ix.dpuf
is
a business litigation and employment law attorney at Jennings, Strouss
& Salmon, P.L.C. He regularly represents businesses in ADA
compliance related disputes and provides advice on preventative measures
- See more at:
http://www.jsslaw.com/news_detail.aspx?id=463#sthash.lB5QF7Ix.dpuf
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