Sun, Oct 12, 2008
 Charles Minner and his wife, Micki, have brought ADA-compliance suits against the Doubletree Hotel, St. Joseph's Hospital and St. Mary's Hospital.
Mamta popat / arizona daily star
Patient Financial Coordinator Health Care Respicare Sales Rep Sales and Marketing sales Customer Service LA Z BOY CUSTOMER SERVICE REPRESENTATIVES Construction ROR Construction Residential Framing Carpenters General El Rio Switchboard Operator Trades/Construction Sundt Construction Small Business Owners Tucson Region12 Tucson businesses facing suits alleging Disabilities Act problemsFilings by Fla. law firm stem from 6 plaintiffs who say they are due full access under U.S. law
arizona daily star
Tucson, Arizona | Published: 03.28.2008
Twelve Tucson businesses, including two hospitals and several well-known restaurants, have been sued in the last week, accused of not being fully accessible to people with disabilities.
The suits, filed by a small, Florida-based law firm, target St. Mary's and St. Joseph's hospitals as well as the Doubletree Hotel, El Charro Cafe, Foothills Mall and Coffee Xchange, among other businesses.
The same law firm has filed hundreds of similar suits in nine other states and Washington, D.C.
None of the businesses knew it had been sued until it was called by the Arizona Daily Star. The few owners who would comment said they weren't doing anything wrong and that their buildings were just built before the Americans With Disabilities Act standards were adopted in 1990.
The federal court actions focus mostly on issues involving parking, access and bathroom size. For example, the suit against Silver Saddle Steak House claims its bathrooms are too small for a person in a wheelchair to use.
One targeting the Bum Steer restaurant claims there aren't enough handicapped- accessible parking spaces. At the Doubletree Hotel, the suit claims accessible guest rooms lack benches in showers as well as guardrails in bathrooms.
"A lot of my clients have gotten frustrated" about not having full access at these businesses, said Gene Zweben, a partner in the firm Schwartz Zweben & Slingbaum, which filed the suits. "They felt it's time now to force (the business owners) to do what they are required to do by law."
The lawsuits stem from six plaintiffs, many of whom are polio survivors and use wheelchairs. The lawsuits do not call for compensation.
"These were places that we normally go to, and we couldn't have access," said Charles Minner, a polio survivor who uses a wheelchair. "We just talked about it amongst ourselves for years."
Minner's wife, Micki, who also has survived polio and now uses a cane for support, said the couple's disabilities make even the most routine errands an ordeal. She said it can be overwhelming to go out to eat only to find her husband's wheelchair can't fit in a bathroom stall or there is a lack of parking.
"The No. 1 thing that was a shock to me is how much planning it takes to do anything," she said, referring to life with a physical disability.
"To go to the movies, to go to the grocery store, you have to know the place and already scoped it out so you can do what needs to be done. You can't even take a quick minute trip to the convenience store."
The Minners brought suits against the Doubletree Hotel, St. Joseph's Hospital and St. Mary's Hospital.
The lawsuits against the 12 businesses caught all the businesses by surprise, and most owners declined to comment. Those who did said they believe the lawsuits are frivolous.
"Why is a lawyer from Florida being hired for something in Tucson?" said Ray Flores, an owner of El Charro Cafe. "It's not going to impact the lives of the handicapped."
Heiko Langrehr, who bought the Bum Steer in December, called the suit a "slap in the face."
"It's all about the money," he said. "It's not about if those people get a better quality of life. It's lawyers making money."
While Zweben is not charging his clients, he said that if the suits are successful, the defendants will have to pay his fees.
And because of the way the Americans With Disabilities Act is written, he said it's very difficult for the businesses to collect their legal fees if the suits aren't successful. Almost all the suits get settled, he said.
"I don't think it should matter whether we are from Florida or from Arizona," Zweben said.
"Some business owners just think that everything is about making money. It's about accessibility. It's about access. A 1-inch threshold for someone in a wheelchair is like a brick wall."
Many of the restaurant owners, such as Jane Alva, owner of Silver Saddle, said they thought they were grandfathered in under the Americans With Disabilities Act because their buildings were older than the act, which was enacted in 1990.
"This is a very old building, and there are a lot of things grandfathered in," Alva said, adding that she already was trying to fix the accessibility issues with the restaurant's restrooms.
The idea of being "grandfathered in" under the Americans With Disabilities Act is something of a misconception, said Ed Myers, executive director for the Arizona Center for Disability Law.
For those buildings built before 1990, repairs must be affordable to owners, he said. If not, he said, accommodations need to ensure that all people can be served.
● Contact reporter Josh Brodesky at 807-7789 or jbrodesky@azstarnet.com.
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