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Thread: Don't use lawyers to file ADA complaints

  1. #1
    Senior Member
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    Don't use lawyers to file ADA complaints

    Mr. Xxxxx agreed to represent me in an ADA issue. When it came to settle, he tried to fraudulently bill me and when I “called” him on it, he withdrew from the case leaving me without guidance, status or any paperwork.

    Subsequently, the Department of Justice would not deal with me because I had retained an attorney.

    Before engaging Mr. AXxxxxx I paid him $150 for a 15 minute telephone conversation and asked him how much it would cost to complete the process and he told me 3 hours @ $250/hr.

    Paid him $750 to finish the case, and when the settlement agreement was reached he had the money payable to him for his distribution.

    When he wanted to disperse the funds 60%/40% I told him “No” I had paid him up front and never entered or signed any cost sharing or contingency settlement agreement

    He then told me he was withdrawing from the case and hung up.

    So I will file complaint with the Bar and the ADA.



    U.S. Department of Justice
    950 Pennsylvania Avenue, NW
    Civil Rights Division Disability Rights - NYAVE
    Washington, D.C. 20530


    Dear Sir:

    I am filing a complaint of discrimination against EXECUTIVE WEST OFFICE CONDO


    ALLEN & ARCADIER P A
    EXECUTIVE WEST OFFICE CONDO
    2815 W NEW HAVEN STE 303, 304
    W MELBOURNE, FL 32904

    DAN ODOM
    EXECUTIVE WEST OFFICE CONDO
    2815 W NEW HAVEN AVE 201, 202, 203, 204
    WEST MELBOURNE 32904

    PROFESSIONAL MASSAGE CENTER INC
    EXECUTIVE WEST OFFICE CONDO
    2815 W NEW HAVEN AVE 301, 302
    WEST MELBOURNE 32904


    for refusing to comply with requirements of the Americans with Disabilities Act. Parking, accessible, route, landings and abilty to open the door and restroom access are the major violations.


    213 Toilet Facilities and Bathing Facilities

    213.1 General. Where toilet facilities and bathing facilities are provided, they shall comply with 213. Where toilet facilities and bathing facilities are provided in facilities permitted by 206.2.3

    604 Water Closets and Toilet Compartments

    604.1 General. Water closets and toilet compartments shall comply with 604.2 through 604.8.

    208.3 Location. Parking facilities shall comply with 208.3

    208.3.1 General. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility, parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility.

    502 Parking Spaces

    502.1 General. Car and van parking spaces shall comply with 502. Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings.

    502.2 Vehicle Spaces. Car parking spaces shall be 96 inches (2440 mm) wide minimum and van parking spaces shall be 132 inches (3350 mm) wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3.

    502.5 Vertical Clearance. Parking spaces for vans and access aisles and vehicular routes serving them shall provide a vertical clearance of 98 inches (2490 mm) minimum.

    206 Accessible Routes

    206.1 General. Accessible routes shall be provided in accordance with 206 and shall comply with Chapter 4.

    206.2 Where Required. Accessible routes shall be provided where required by 206.2.

    206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

    303.4 Ramps. Changes in level greater than 1/2 inch (13 mm) high shall be ramped, and shall comply with 405 or 406.

    402 Accessible Routes

    402.1 General. Accessible routes shall comply with 402.

    402.2 Components. Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope not steeper than 1:20, doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the applicable requirements of Chapter 4.

    404.2.4.1 Swinging Doors and Gates. Swinging doors and gates shall have maneuvering clearances complying with Table 404.2.4.1.

    405.7 Landings. Ramps shall have landings at the top and the bottom of each ramp run. Landings shall comply with 405.7.

    406.1 General. Curb ramps on accessible routes shall comply with 406, 405.2 through 405.5, and 405.10.

    406.4 Landings. Landings shall be provided at the tops of curb ramps. The landing clear length shall be 36 inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing.

    4.7.3 Width. The minimum width of a curb ramp shall be 36 in (915 mm), exclusive of flared sides.

    No room to open door on landing

    406.4 Landings. Landings shall be provided at the tops of curb ramps. The landing clear length shall be 36 inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing.

    Door to heavy to open

    404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force allowable by the appropriate administrative authority. The force for pushing or pulling open a door or gate other than fire doors shall be as follows:

    1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.
    2. Sliding or folding doors: 5 pounds (22.2 N) maximum.

    These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door or gate in a closed position.

  2. #2
    Senior Member
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    Quote Originally Posted by Cris View Post
    Mr. Xxxxx agreed to represent me in an ADA issue. When it came to settle, he tried to fraudulently bill me and when I “called” him on it, he withdrew from the case leaving me without guidance, status or any paperwork.

    Subsequently, the Department of Justice would not deal with me because I had retained an attorney.

    Before engaging Mr. AXxxxxx I paid him $150 for a 15 minute telephone conversation and asked him how much it would cost to complete the process and he told me 3 hours @ $250/hr.

    Paid him $750 to finish the case, and when the settlement agreement was reached he had the money payable to him for his distribution.

    When he wanted to disperse the funds 60%/40% I told him “No” I had paid him up front and never entered or signed any cost sharing or contingency settlement agreement

    He then told me he was withdrawing from the case and hung up.

    So I will file complaint with the Bar and the ADA.



    U.S. Department of Justice
    950 Pennsylvania Avenue, NW
    Civil Rights Division Disability Rights - NYAVE
    Washington, D.C. 20530


    Dear Sir:

    I am filing a complaint of discrimination against EXECUTIVE WEST OFFICE CONDO


    ALLEN & ARCADIER P A
    EXECUTIVE WEST OFFICE CONDO
    2815 W NEW HAVEN STE 303, 304
    W MELBOURNE, FL 32904

    DAN ODOM
    EXECUTIVE WEST OFFICE CONDO
    2815 W NEW HAVEN AVE 201, 202, 203, 204
    WEST MELBOURNE 32904

    PROFESSIONAL MASSAGE CENTER INC
    EXECUTIVE WEST OFFICE CONDO
    2815 W NEW HAVEN AVE 301, 302
    WEST MELBOURNE 32904


    for refusing to comply with requirements of the Americans with Disabilities Act. Parking, accessible, route, landings and abilty to open the door and restroom access are the major violations.


    213 Toilet Facilities and Bathing Facilities

    213.1 General. Where toilet facilities and bathing facilities are provided, they shall comply with 213. Where toilet facilities and bathing facilities are provided in facilities permitted by 206.2.3

    604 Water Closets and Toilet Compartments

    604.1 General. Water closets and toilet compartments shall comply with 604.2 through 604.8.

    208.3 Location. Parking facilities shall comply with 208.3

    208.3.1 General. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility, parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility.

    502 Parking Spaces

    502.1 General. Car and van parking spaces shall comply with 502. Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings.

    502.2 Vehicle Spaces. Car parking spaces shall be 96 inches (2440 mm) wide minimum and van parking spaces shall be 132 inches (3350 mm) wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3.

    502.5 Vertical Clearance. Parking spaces for vans and access aisles and vehicular routes serving them shall provide a vertical clearance of 98 inches (2490 mm) minimum.

    206 Accessible Routes

    206.1 General. Accessible routes shall be provided in accordance with 206 and shall comply with Chapter 4.

    206.2 Where Required. Accessible routes shall be provided where required by 206.2.

    206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

    303.4 Ramps. Changes in level greater than 1/2 inch (13 mm) high shall be ramped, and shall comply with 405 or 406.

    402 Accessible Routes

    402.1 General. Accessible routes shall comply with 402.

    402.2 Components. Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope not steeper than 1:20, doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the applicable requirements of Chapter 4.

    404.2.4.1 Swinging Doors and Gates. Swinging doors and gates shall have maneuvering clearances complying with Table 404.2.4.1.

    405.7 Landings. Ramps shall have landings at the top and the bottom of each ramp run. Landings shall comply with 405.7.

    406.1 General. Curb ramps on accessible routes shall comply with 406, 405.2 through 405.5, and 405.10.

    406.4 Landings. Landings shall be provided at the tops of curb ramps. The landing clear length shall be 36 inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing.

    4.7.3 Width. The minimum width of a curb ramp shall be 36 in (915 mm), exclusive of flared sides.

    No room to open door on landing

    406.4 Landings. Landings shall be provided at the tops of curb ramps. The landing clear length shall be 36 inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing.

    Door to heavy to open

    404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force allowable by the appropriate administrative authority. The force for pushing or pulling open a door or gate other than fire doors shall be as follows:

    1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.
    2. Sliding or folding doors: 5 pounds (22.2 N) maximum.

    These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door or gate in a closed position.
    That's sort of like saying don't use doctors when you are sick because one doctor did something wrong or screwed you in the billing process. I would file a complaint with the Florida Bar, notify the lawyer, and ask that he at least let DOJ know he is not representing you so that DOJ will talk to you directly.
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  3. #3
    Moderator jody's Avatar
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    I had a similar problem once. I had to get another lawyer to get my files, and it did cost.
    My case was not settled yet though.

  4. #4
    Laws are nice but only as valuable as the system's willingness to enforce them. As far as I'm concerned the ADA is there as a deterent that can be thrown around if the uncompliant party won't make ANY accomodation at all.

    Notice the lack of material claims against businesses and employers (greater than 10K). Sure you have a lot of nickel and dime claims but nothing really substantial. A friend of mine in the business told me that the lawyers (on both sides) know that the judges don't want these potentially high drama claims to make it in front of them (kind of like divorce cases). Therefore, the lawyers don't have a ton of incentive to hang around in a fight to the death because it won't payoff.

    This doesn't make the ADA ineffective but more like a blunt object that is handy to have around for threatening the uncompliant.

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