Monday, October 31, 2011

Declaratory and Injunctive Relief

I was asked recently about why our complaint are always asks for a jury trial.  First of all, our complaint is for Declaratory and Injunctive Relief.  They are always filed in Federal Court where the filing fee is free, the attorneys representing the disabled are free and the attorney costs are free.

A current complaint that we are working on is for a building that was not in compliance with the Americans with Disabilities Amendments Act of 2009 with an effective date of January 1, 2009.  The building owner is guilty and the poof is found in the detail ADA building audit for compliance with the ADA and ABA Accessibility Guidelines; Final Rule published int eh Federal Register / Vol. 69, No. 141 / July 23, 2004; with an effective date of September 21, 2004; that's audit by ACCESS.

The above case will go for another 2 to 3 months as we work diligently to aggressively move it forward.  I've been doing this now some past 19 years and I've never lost a case; but I have to tell you, very seldom do these cases go to trial.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

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