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Thread: Landmark calif. Burger joint forced to shut down over ada lawsuit

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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Muddy Creek View Post
    Actually, the ACT, while the law, just sets out what is legal. The agency then uses those terms to construct their guidelines which are based upon the law.
    The act -- the law -- is what is applied in court, not the guidelines. You pile on with stupid.

    Obviously, you have never worked for a massive government program which exists BECAUSE of the Act, but has changes because of lawsuits to the act.
    Obviously, you know nothing about the law.

    Apparently, this part of the ADA that the lawyer is suing is right in line with the LAW of the ADA.
    And this sentence makes no sense at all (and if it makes any sense, you contradict yourself), but that's to be expected when you're as confused as you are.
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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Harshaw View Post
    The act -- the law -- is what is applied in court, not the guidelines. You pile on with stupid.



    Obviously, you know nothing about the law.



    And this sentence makes no sense at all (and if it makes any sense, you contradict yourself), but that's to be expected when you're as confused as you are.
    True. But apparently the guidelines were in line with the law and this was not challenged.
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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    I lived and worked in a small city that had a lawyer-disabled person partnership. The disabled guy went around with a ruler and found violations. The lawyer filed an intent to sue, the company or their insurance carrier would settle, and the lawyer and handicapped guy split the proceeds.

    It's a racket that is endorsed and supported by Sen. John Edwards and the Democrats.

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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Tigger View Post
    Section 1 is relevant to this particular case because I have not seen any evidence that the owner has, in the last 22 years done additional construction or renovation to the building. Until that occurs, the building is grandfathered in because it was in place "as-is" prior to the ADA statute going into effect.

    Since the building is not owned or operated by a governmental agency, there is no requirement to retrofit the building unless it is being otherwise renovated. I happen to live in a part of the country where a good number of our buildings were built prior to the Civil War, nevermind 1990. Many of them house private business', and it's probably about 50/50 whether they've been made handicapped accessible in the last two decades.
    If this guy is grandfathered in, why would he need to close down. It seems easy enough to prove in court.

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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Mason66 View Post
    If this guy is grandfathered in, why would he need to close down. It seems easy enough to prove in court.
    Going to court is not free. If a person does not have the time, money and resources to fight it out in court justice does not matter.
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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by muciti View Post
    Going to court is not free. If a person does not have the time, money and resources to fight it out in court justice does not matter.
    I know that but it seems like a short court appearance and it might cost a few thousand dollars but that is all in the cost of doing business.

    I don't see it as a reason to shut the doors unless something bigger is going on here.

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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Mason66 View Post
    I know that but it seems like a short court appearance and it might cost a few thousand dollars but that is all in the cost of doing business.

    I don't see it as a reason to shut the doors unless something bigger is going on here.
    It is not that simple. Our court system is designed to be long, drawn out and complex in even a simple matter. He can't just go in and point it out and be done.
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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Loki97 View Post
    The ADA was passed in 1990. If we are to believe the owner of the establishment did not have the funds to bring his restroom into compliance in a span of 22 years, it sounds like the business wasn't going to be around long anyway.
    That's hilarious, yeah being in business 22 years is a sign the business won't be around long.

    But really, plenty of illegals in Sacto to hire to get the job done on the cheap. My only complaint is that the kids educated at the local HS will now have one less place to apply the only career they're trained for.

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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Mason66 View Post
    If this guy is grandfathered in, why would he need to close down. It seems easy enough to prove in court.
    A lot of times the cost of fighting the legal fight is not worth it. Even the simplest case can be appealed two or three times, driving the cost for attorneys and such way above what a small business owner can pay.

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    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Mason66 View Post
    I know that but it seems like a short court appearance and it might cost a few thousand dollars but that is all in the cost of doing business.

    I don't see it as a reason to shut the doors unless something bigger is going on here.
    Yes it's just the cost of doing business, as are hundreds of other various government regulations, such as Obamacare, which is why fewer people are investing or just leaving the country altogether.

    The closing of this place means more people are now out of work so handicapped will now go elsewhere, just as they could have done in the first place.

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