I read this article http://www.sacbee.com/2012/10/01/4868919/longtime-land-park-restaurant.html
and the handicap issue was described as 'the last straw", that they were hanging on by a thread anyway. Further, the owner did not respond to the quadriplegic attorney's inquiry about ADA facilities so he filed suit. The business closed up, the case didn't go to court and there was no mention of whether the municipalilty or the Federal Dept. of Justice had ordered the restaurant to bring the restaurant up to code.
Where I work, the (nationally adopted) building code does not require ADA upgrades to existing buildings unless there are other improvements being made to the building. Don't know what they do in California (I know it's a different universe) but if it were that easy, there would be millions of businesses nationwide that would have to pony up billions just because a private citizen walked through the door and filed suit.
Reading a little more, this is a larger issue with lawyers filing lawsuits against businesses for ADA compliance. One article said that in most cases there resulted no handicap improvements, only out of court settlements with money given to the attorneys by the targeted businesses to make the lawsuit go away. There was at least one case where the business made the improvements due to a lawsuit then they were sued again by someone else.
post edited by RC51Mike - 2012/10/16 09:41:48