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Thread: Not accessible store/business: make a lawsuit and get paid $500

  1. #21
    Member gigio's Avatar
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    really
    Last edited by gigio; 12-11-2011 at 07:16 PM.
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  2. #22
    There unfortunately is NO Punitive damages in the ADA (which sucks cause I can get AD (autonomic dysreflexia) when a damn bathroom I expect to be able to use is not accessible ;(--(like at federally funded Amtrak station where I went to pick up my daughter from a school field trip)..only corrective.compensatory...so the lawyers get their usual and customary fees paid by judge when they win the case (which they always do as it is black and white issue..it either meets code or not)...and "consultants" get paid as well, as the lawyers use them to scope out the place and identify the issues...(which the business should have done via their responsibility to comply with public accommodation aspect of law anyway--but didn't) so basically they are now forced to pay to do the work, the scope of the work reports, AND the lawyers fees..HA!...) It is no different from lawyers who do sexual harassment, wage discrimination or other civil rights issues--they don;t need to do it for "altruistic" reasons..or give donations. I don't care as long as they do it and do it well. When I did it with (as Lorrie mentioned above) Michael Brennan, we were told it was not allowed to "pay" plaintiffs..unethical for plaintiffs to get paid, and judge would not allow it as part of settlement. I said, well if you get paid, I don't see why the lawyers can't send me a gift certificate or dinner or something lol, so yeah last time I did get a check in my mailbox for $200. whoopie! lol
    P.S. I would have done it anyway and have..as it really is wrong that a Beach boardwalk venues/restaurants are not acccessible 20 yrs after the signing of the ADA.
    Last edited by sherocksandsherolls; 12-12-2011 at 08:43 PM.
    "The trick is in what one emphasizes. We either make ourselves miserable, or we make ourselves happy. The amount of work is the same.” ~Carlos Castaneda

  3. #23
    Member gigio's Avatar
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    "it really is wrong that a Beach boardwalk venues/restaurants are not acccessible 20 yrs after the signing of the ADA"

    Sherock,
    Do you want to try to contact my attorney to see if they can do something for this?
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  4. #24
    thanks..I actually did it already that is what I did with Michael Brennan...at least some of it..VIva Hollywood Beach!

    But yeah, anyone knows of a good lawyer doing this in SF let me know.

    thanks for posting gigio

    Quote Originally Posted by gigio View Post
    "it really is wrong that a Beach boardwalk venues/restaurants are not acccessible 20 yrs after the signing of the ADA"

    Sherock,
    Do you want to try to contact my attorney to see if they can do something for this?
    "The trick is in what one emphasizes. We either make ourselves miserable, or we make ourselves happy. The amount of work is the same.” ~Carlos Castaneda

  5. #25
    Member gigio's Avatar
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    Quote Originally Posted by sherocksandsherolls View Post
    thanks..I actually did it already that is what I did with Michael Brennan...at least some of it..VIva Hollywood Beach!

    But yeah, anyone knows of a good lawyer doing this in SF let me know.

    thanks for posting gigio
    I sent their contact. check your Private Message
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  6. #26
    Quote Originally Posted by ~Lin View Post
    When I was homeless I was turned away by shelters due to my service dog. I'm pretty sure thats illegal but its not as if I was in a position to do anything about it at the time.

    I need to move from my moms home soon since it's being foreclosed and she can't help me any longer. I've called some local homeless shelters and they turn me away just for being disabled. Guess I deserve to freeze and die in the cold in severe pain with a paralyzed leg all because I was in a car accident. Meanwhile a pedophile or hardcore drug user will get to sleep warmly and will probably even get disability payments (which they refuse to give to me).

  7. #27
    Member gigio's Avatar
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    Quote Originally Posted by KeepGoing View Post
    I need to move from my moms home soon since it's being foreclosed and she can't help me any longer. I've called some local homeless shelters and they turn me away just for being disabled. Guess I deserve to freeze and die in the cold in severe pain with a paralyzed leg all because I was in a car accident. Meanwhile a pedophile or hardcore drug user will get to sleep warmly and will probably even get disability payments (which they refuse to give to me).
    In which state are you?
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  8. #28
    Senior Member ~Lin's Avatar
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    Most areas don't allow shelters to turn away anyone during the winter. For a pet, yes, (and a service dog isn't a pet hence the problem in my situation) but not for other reasons such as volume which apply during warmer momths. Here there is a specific temperature, and unless it rises above that they must admit you.

    I replied in your thread about disability. Everyone gets denied the first time. You need to apply again, and hire a lawyer immediately after the denial while you are in the appeal time period.

    you cannot get on disability for addiction, but the basis of having an addiction will not prevent you from receiving disability on the basis of the disability. I won't respond about pedophilia, I do not see the relevance there.

    I understand you are going through a very hard time and still trying to come to terms with your disability. But no one is going to save you, take that anger and use the energy to get things done to help yourself.
    Board Member of Assistance Dog Advocacy Project working in Education. Feel free to ask me any service dog questions!

    I am not paralyzed. I have a genetic connective tissue disorder with neuro complications and a movement disorder.

  9. #29
    KeepGoing has his own thread on this topic. I think it's under the Life section. I don't think it's really fair to the OP to hijack this thread to have an identical discussion.

    That said, it is an interesting question as to whether, and under what conditions, homeless shelters are allowed to turn away the disabled without running afoul of the law. Does anyone know? I'd think a lot of it depends on where their funding comes from, although I could be wrong. Laws would be different for shelters run by religious groups, I think, if they don't get federal funding...and possibly, thanks to George W., even if they do.

    Also, my university recently installed a huge new gym, but didn't include any w/c accessible equipment - seems to me like that violates the law also since they are a state institution and receive Federal funds. But again, I'm not positive.
    Last edited by PhoenixFiresky; 12-16-2011 at 02:33 PM.

  10. #30
    Member gigio's Avatar
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    BTW just got an other $500 check in the mail...perfect timing!
    Last edited by gigio; 12-21-2011 at 04:20 PM.
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