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Business litigation: Small victory for Roseville business owner

The Americans Disabilities Act, or ADA for short, has been in effect for decades. While it was created to ensure that those with disabilities are able to visit businesses with ease and in comfort, it has cast a much wider net as the years have passed. The use of lawsuits to force compliance even after a small business has done its best to fulfill all requirements often leads to a need for business litigation in California and across the county.

In 2008, the owner of an auto center in Roseville was provided with a letter stating that he was not compliant with current ADA laws. He immediately sought legal advice. It turns out he was not compliant, but made the necessary changes so that he was — special outside table, proper signage and a parking space. With the changes made, the owner figured this was the end of the issue.

Unfortunately, in late 2011 he was served with information about a lawsuit against him. It was claimed that he was again in violation of the ADA laws. Reportedly, the problem was with the table outside. The plaintiff claimed that it wasn’t set up every day, which would make it difficult for disabled individuals to sign papers if they were interested in purchasing a car from the auto center. The lawsuit was eventually dropped on the agreement that the auto center owner would maintain the presence of the exterior table.

It is in times like these when proper business litigation is needed. The California auto center owner may find that he needs the same type of assistance in the future. After all, a dismissal of this particular lawsuit does not mean that another lawsuit won’t follow a year, five years or 10 years down the road.

Source: Roseville Press-Tribune, “Roseville business owner earns small victory in ADA battle,” Toby Lewis, May 2, 2012

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