About Me

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Armchair theorist, poet, and occasional IT manager, Sascha B. is equipped with a Master's Degree in Middle Eastern Studies from the University of Texas, and is not afraid to use it. His work has been published by the University Press of America, Edwin Mellen Press, University of Texas Press, and a variety of small journals nationwide. He is also the proprietor and baker for 3141 Pie, of which you should eat many.

The Deal

I stopped blogging in 2013, when life overtook me. My father became ill and died shortly thereafter, and my mother was left with increasing dementia. I became the primary caregiver, and now orchestrate my mother's care and our family estate.

Now, I am coming up for air again.

Looking for the next book to read. All suggestions welcome.

My reading list is over here.

Wednesday, November 16, 2011

Another Vexatious ADA Lawsuit that Never Should Have Happened

Our neighborhood can't seem to get a break from this. You'd think there would be more action than "raising business owner awareness" which is the current City strategy, when we continue to have stories like this one:

It began when Roberto received a letter from a customer who claimed that certain features in Roberto’s store violated the ADA. All were minor violations such as a recycling bin placed too close to a door and a pastry case located too close to a counter. Roberto did not realize his store was in violation of the ADA but quickly made the requested changes and notified the customer.

The customer acknowledged that Roberto made the requested changes yet sued anyway and sought nearly $90,000 in damages.
(emphasis added)

They eventually settled -- after more than a year -- for just under $20,000. But here's the thing: the law is written to enable exactly this sort of action. The identification of an issue, notification of the business, and resolution or "reasonable accommodation." So here you have a small business owner following exactly the trajectory the law has demanded, in spirit and letter, and still getting completely screwed.

The only reason to go forward with such action is the pursuit of financial gain, rather than a correction of the problem. And this is like poison to the judicial system, as well as to the small business world. Despite my support for the ADA laws and their intent, and my desire to see as much accommodation made as is possible I have no sympathy, and no respect, for those who file and pursue suits like this one.