By Steven Totten | Phoenix Business Journal
The Arizona Attorney General’s Office has stepped in to the controversy surrounding Valley businesses and lawsuits concerning compliance with the Americans with Disabilities Act.
According to a statement, the AG’s office has filed a motion to intervene on one of the cases in Maricopa County Superior Court, Advocates for Individuals with Disabilities, LLC vs. 1639 40th Street LLC.
Because more than 1,000 filings have been filed by AID and its attorney, Peter Strojnik, the AG’s office said its intervention is a matter of public importance.
“The AG’s lawsuit to intervene in the more than 1,000 ADA lawsuits may be just what property owners have been hoping for. In August alone, AID filed more than 300 lawsuits alleging violations of the ADA. Alleged violations include a single parking sign being situated six inches higher than the prescribed height and an existing sign missing a “van accessible” designation. The cost of correcting violations like these can be less than $200, yet AID demands a payment of $7,500 to have the lawsuits dismissed.
“The AG’s lawsuit, however, specifically tells the court it is not taking a position on whether any violation exists at any of the properties involved in AID’s lawsuits. Instead, the AG argues AID’s “trolling litigation tactics” do not demonstrate the proper legal basis or standing. If AID is successful, all of its lawsuits will be consolidated into one lawsuit and dismissed.
“Property owners might get some relief from the AG’s lawsuit, but the fact remains federal and state law still permit private parties to file lawsuits against property and business owners alleging ADA violations. The AG’s lawsuit might cause other plaintiffs to simply change their methods to avoid the objections raised in the AG’s lawsuit.
“For now, property owners should not ignore existing or future lawsuits filed against them. They should verify any alleged violation, correct it and make sure they have filed the proper documentation with the court, even if they made a payment to a plaintiff to settle a lawsuit.
~ Adam Martinez
