Alleged ADA Violation at Key Largo Marathon Station

A lawyer also filed similar federal lawsuits against a dozen other area businesses.

April 17, 2013

KEY LARGO, Fla. – During the past 60 days, a local attorney has filed more than a dozen lawsuits alleging noncompliance with the Americans with Disabilities Act of 1990, including one against the Key Largo Marathon gasoline station, both Oil Express and Keys News report. 

The lawsuits were filed by attorney Tal Shemtov in the U.S. District Court for the Southern District of Florida. No damages were asked for in the suit, but the station could be liable for court costs for the plaintiff. 

Lemuel Nelson, a paralytic who uses a wheelchair, filed the lawsuit last month against Key Largo Service Station, which does business as Key Largo Marathon. Nelson said the station is not accessible to customers with disabilities.

The lawsuit said that Nelson would use the station as a customer and would also “test” it to make sure of compliance. Oil Express posited that the case could grab the notice of the U.S. Department of Justice, which has the authority to fine the station operator.

The Florida resident has also made the same claim against 12 other area businesses: Category Three Bar and Grill, Evelyn's Restaurant, Florida Keys Gift Co., Key Largo BP, Key Largo Boat Depot, Key Largo Conch House, a second Marathon gas station, Rain Barrel, Shell World, Tower of Pizza, Upper Crust Pizza and Yellow Bait House. It's basically a lawyer looking to make a lot of money,” Mike Forster, co-owner of the Rain Barrel, told Keys News.

The Key Largo Chamber of Commerce has brought in a specialist on ADA compliance to talk with chamber members. “This is something everyone should be aware of,” said Craig Cope, the chamber’s president.

Knowledge is the key to avoid any ADA lawsuits. NACS has selected The McIntosh Group to provide our members with access to ADA accessibility compliance services. Contact The McIntosh Group on the new Ask Brad website. The site provides timely ADA information through Q&A, instructional videos, articles and resource links. You can also contact Corey Fitze, NACS director of government relations. 

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