When a plaintiff brings a case under the Americans with Disabilities Act (the “ADA”), it is usually against a restaurant or other place of public assembly. The plaintiff typically alleges that the premises are not accessible to those with disabilities and therefore discriminates against handicapped persons. The ADA (and other affiliated codes and regulations) imposes requirements upon certain businesses to ensure that facilities are accessible to handicapped persons. The plaintiff will typically insist that numerous conditions at the premises violate these codes and regulations. For example, plaintiff may contend that the front entrance does not contain a ramp for wheelchairs and that the only way to proceed through the entrance from the sidewalk is to proceed up stairs which are not accessible to those in wheelchairs.
At the outset of a case, it is often difficult to know whether the alleged conditions (even if they exist) actually violate the codes and regulations. The reason is that such a determination will often need to be made by an expert familiar with the applicable codes and regulations, which are extensive and detailed in scope. There are also conditions that violate some of the codes and regulations but nonetheless may not need to be rectified under certain circumstances, such as where the building is old and the remediation is not “readily achievable”. These are questions that require assistance from an expert in addition to knowledge from a lawyer familiar with the relevant law.
Mr. Millman has handled numerous ADA cases and has worked with experts to facilitate favorable results for clients. He is also, however, prepared and ready to proceed to trial, if necessary.