David Ritzenthaler, a disabled man,
has filed more than 100 lawsuits against Arizona businesses alleging that their
parking lots violate the Americans with Disabilities Act (“ADA”).
Mr. Ritzenthaler is just getting
warmed up—I understand that he plans to file thousands of ADA “parking lot lawsuits” throughout Phoenix and across
Arizona. Read my earlier blog about Mr. Ritzenthaler’s lawsuits here.
Mr. Ritzenthaler’s lawsuits do
not discriminate. He has sued fast food restaurants, car washes, dental offices
and commercial warehouses. The last category surprises some business owners. While
most people recognize that retail businesses must comply with the ADA and
provide accessibility to their patrons, very few are aware that the parking
lots of commercial facilities—privately
owned, nonresidential facilities such as factories, warehouses or office
buildings—must also comply with the ADA. In other words, nearly every business
facility in the U.S. that has a parking lot must comply with the ADA.
Most of Mr. Ritzenthaler’s
lawsuits arise from three simple-to-fix violations of the ADA 2010 parking lot
standards: (1) the correct number of “accessible” parking spaces, including van
accessible parking spaces, (2) access aisles and pathways leading from accessible
parking spaces to the facility entrance(s), and (3) signs with the
international symbol for accessibility mounted in front of accessible parking
spaces.
There are two types of businesses
in Arizona—those that have been sued
by Mr. Ritzenthaler and those that will
be sued by Mr. Ritzenthaler. Both types of businesses need to consult with a
knowledgeable ADA attorney to resolve (or prevent) their ADA parking lot
lawsuit.
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