# Winfield woman suing Arkansas businesses for ADA noncompliance



## mark handler (Feb 3, 2015)

Winfield woman suing Arkansas City businesses for ADA noncompliance

http://www.winfieldcourier.com/news/article_70ea3474-ab60-11e4-95c5-17731627b5ce.html

Tuesday, February 3, 2015 12:00 am

By JENI PAYNE news@arkcity.net

A Winfield woman has filed lawsuits against the owners of six Arkansas City properties where businesses are located, citing Americans with Disabilities Act (ADA) violations at each of the businesses.

Guadalupe Adams, who suffers from cerebral palsy and depends upon a wheelchair for mobility, filed the lawsuits between Dec. 8, 2014, and Jan. 8 of this year.

Adams has had the debilitating disease — which is incurable, non-progressive, chronic and permanent — from a young age, according to her lawyer, Pete Monismith, of Pittsburgh, Pa.

Cerebral palsy describes a group of disorders that affect movement control.

It is caused by brain damage, brain injury or abnormal development of the brain.

The owners and tenants listed in the lawsuits are:

•Ark Plaza Shopping Center, LLC — Family Dollar (tenant), 2139 N. Summit St.

•Richard and Patricia Doffing — owners of Hillcrest Bowling Lanes, 2400 N. Summit St.

•U.S. Beef Real Estate, LLC — Arby’s (tenant), 1321 N. Summit St.

•Keystone Properties — Dollar General (tenant), 2411 N. Summit St.

•Van Wynn — owner of East Buffet Restaurant, 2906 N. Summit St.

•LoJon Properties, LLC and LJ Remainder LLC — Long John Silver’s (tenant), 1600 N. Summit St.

Lawsuit allegations

The lawsuits state Adams has substantially limited performance including, but not limited to, her ability to stand and walk.

In all cases, the requested actions include resolving all violations, monetary reimbursement of all fees and costs incurred by the lawsuits, and “appropriate relief.”

The lawsuits filed by Adams focus mostly on parking lot violations and violations in public restrooms.

In most of the lawsuits, exposed pipes under sinks and parking lot grades are cited.

There are also two facilities that have doors that potentially could be problematic for a disabled person.

Three facilities also have mirrors too high to be utilized by people in wheelchairs, according to the lawsuits.

In the bowling alley lawsuit, the lack of a ramp onto the sidewalk that circles the building is cited because it creates a lack of accessibility to the building for those dependent on wheelchairs.

One compliance issue listed in the suit involving Arby’s was the lack of a handicapped-accessible table.

The lawsuit targeting East Buffet concerns several ADA parking violations, including a lack of signs to designate handicapped parking and the disrepair of the route between that parking and the front door.

ADA legislation was passed in 1990.

It includes code enforcement by local governments.

It was created to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,” according to www.ada.gov.

The City of Arkansas City is not involved in the lawsuits, but Travis Guess, combination inspector of the city, is the local official who enforces the codes outlined by ADA.

“Sadly, not many people think of the need for ADA compliancy until someone in their family becomes disabled,” Guess said.

Defendants’ responses

So far, there only have been two legal responses to the allegations — one coming from lawyers representing U.S. Beef Real Estate, LLC, and the other from local attorneys Mason, Velasquez and Maslen PA, who are representing Wynn.

Both filings state that the property owners do not have enough information or knowledge about the claim and “cannot admit or deny the allegations.”

In both cases, the legal responses also claim the property owners had not been informed of the alleged violations before the lawsuit was filed.

But prior to filing the lawsuits, Adams requested that the establishments conform to ADA standards, according to Monismith.

“I have sent two to three hundred letters (concerning compliance) on her behalf,” he said.

In the case involving Arby’s and U.S. Beef Real Estate, which is being represented by Constangy, Brooks and Smith, LLP-KC, the firm claims Adams does not have a disability as the term is defined by ADA.

ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities.

In addition, the response claims that the demanded modifications are not readily achievable, not required by the ADA or not technically feasible or would create an undue hardship on the defendant.

Arkansas City attorney Orvel Mason, in his filing, requests that “reasonable attorney fees incurred in defense of (the) action” be awarded to Wynn.

Mason also cited that the owner of the property has complied with the requirements created by the ADA to “the maximum extent feasible.”

The defendants and their attorneys in those two cases did not respond to multiple requests by the Traveler for comment.

When reached by telephone, Richard Doffing acknowledged that the lawsuit existed but declined to comment further.

The Doffings have filed for an extension with the court, according to court records.

Messages left for the other three lawsuit defendants were not returned.


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