ADA Lawsuits: Part Deuce

A couple months ago,  an article was posted from Richmond Bizsense on the latest ADA lawsuits.  Needless to say, the conversation that followed was poignant, as it should be. Ironically, a week later I found myself in a lecture with one of the men behind many of the lawsuits. His name is Michael Chenail and he […]

cbf-ada-ramp

A couple months ago,  an article was posted from Richmond Bizsense on the latest ADA lawsuits.  Needless to say, the conversation that followed was poignant, as it should be.

Ironically, a week later I found myself in a lecture with one of the men behind many of the lawsuits. His name is Michael Chenail and he serves with the Compliance Alliance, a consulting company based in Virginia.

In an effort to bring some clarity to the nature of these lawsuits, I took some time to talk with Micheal and interview him via email. Below are some of the key points I walked away with,  however, I would encourage anyone interested to look at the attachments I’ve posted to hear directly from Michael himself.

(1) Letters of warning are always sent to these businesses (see the attached example letter to Yankees Stadium).  If they agree to put together a long term proposal for bringing their building up to code,  no lawsuits ensue. However, those establishments that choose to ignore the letter of warning are required to pay attorney fees in an ensuing lawsuit.

(2) “Unlike California and a couple of other states, Virginia does not allow civil damages in Title III cases. Therefore, [those bringing the lawsuit] receive NO financial compensation – only accessibility – the ability to use, enjoy, and participate in the many aspects of society, including work, commerce, and leisure activities just as other “able bodied” American’s do.” (Michael’s Letter, attached).

(3) According to the U.S. Census Bureau, 1 in 7 people (not including people under the age of 5, or those who are institutionalized) have a disability. (US Census Bureau 2006, attached).

Response Letter – Michael Chenail

Sample Letter of Warning – Yankees Stadium

US Census Bureau – Disabilities (2006)

US Census Bureau – Population (2006)

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