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.