Lawsuits

Lawsuits

Are you currently in an ADA Lawsuit? Were you unexpectedly served with an ADA lawsuit in Franklin County or Delaware County? How about Hamilton, Erie, Lorain, Lucas, Fulton or any other county in Ohio, Pennsylvania, Indiana or Kentucky. While the ADA has protected countless disabled individuals from becoming the victims of discrimination, it has become the subject of litigation abuse in all of the states just mentioned.

Most of the businesses do not even know they are violating the ADA until they are summoned to appear in court.When a commercial facility is in violation of the ADA, it is almost always best to bring the subject property into compliance immediately. Showing documented compliance efforts, along with the written evaluations and plans required by the ADA, provide your strongest defense in court.

When you look at these cases, 90% (probably more) of the time the defendant loses. The ADA has been on the books for more than 30 years. If you are out of compliance, the courts will not hesitate in finding you guilty – And these plaintiffs know it.

Here are links to local cases for your review:

‘Drive-by’ lawsuits or looking out for disabled?

Ohio man is a ‘tester’ for ADA standards

http://’Drive-by’ lawsuits or looking out for disabled? Ohio man is a ‘tester’ for ADA standards

Mortland v. Six Star Hospitality Group LLC (4:22-cv-01966)https://www.courtlistener.com/docket/65651289/mortland-v-six-star-hospitality-group-llc/

Mortland v. 75 State Owner, LLC (1:23-cv-11705)https://www.courtlistener.com/docket/67644674/mortland-v-75-state-owner-llc/

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

In this case, Mortland seeks permanent injunctive relief under Title III of the Americans
With Disabilities Act (“ADAâ€). Mortland, who is paralyzed and uses a wheelchair, alleges that the William Penn Hotel (“William Penn†or the “hotelâ€) in downtown Pittsburgh, Pennsylvania contains numerous architectural barriers which restrict his access, in violation of the ADA. See generally, Amended Complaint (ECF No. 22). Mortland pleaded numerous facts in the amended Case 2:18-cv-01067-JFC Document 119 Filed 01/12/21 Page 1 of 6
2
complaint about his frequent visits to Pittsburgh in the past and his desire to visit the Willia
Penn in the future. Amended Complaint ¶ 14.
On March 23, 2020, the William Penn hotel was indefinitely closed. As of the date of
this opinion, the hotel remains closed. Pursuant to the October 16, 2020 declaration of Josh Heidenreich, Vice President of Operations for Omni Hotels Management Corporation, there are no current plans to reopen the hotel.https://www.govinfo.gov/content/pkg/USCOURTS-pawd-2_18-cv-01067/pdf/USCOURTS-pawd-2_18-cv-01067-0.pdf