Baker Hostetler attorney Brian C. Blair was quoted in “Group Files Slew of Suits to Advocate for Disabled,” which appeared in The Roanoke Times and roanoke.com on February 13, 2011.
The article details the actions of Denise Payne, a Florida resident who suffers from cerebral palsy. She claimed in six lawsuits filed in Roanoke’s federal court over the past two weeks that Valley View Mall, Tanglewood Mall, Crossroads Mall, Town Square Shopping Center, Spartan Square Shopping Center and Lake Drive Plaza all discriminate against the disabled.
From the seat of her wheelchair, Payne inspected the six Roanoke-area malls for accessibility to the disabled and found them all lacking. She encountered many barriers: parking spaces for the disabled built on slopes; curb ramps with excessively steep grades; improper access to buildings; a lack of handrails; and restrooms that are unfriendly to shoppers in wheelchairs. Her lawsuits claim the malls violate the Americans with Disabilities Act.
The flurry of litigation is just the latest of nearly 200 cases brought across the country by Payne and two groups she is affiliated with, the National Alliance for Accessibility and Access for the Disabled. Critics say a loose coalition of law firms and advocacy groups have joined forces to bring lawsuits that cite minor violations of the law.
“It’s a game of inches,” said Brian Blair, an Orlando, Florida, attorney who has defended hundreds of the cases. “When alleging that a slope is too steep, or a doorway too narrow, it can be an inch, a half-inch or sixteenths of an inch,” he said.