Shuttered business wins ADA lawsuit fight


BAILEY, Colo. — The proprietor of a well-liked Colorado restaurant is claiming victory after he efficiently fought again towards a serial lawsuit filer, who claimed the enterprise discriminated towards individuals with disabilities.

 

The Riverbend Market and Eatery closed in October. Proprietor Michael Abbondanza stated he misplaced roughly $four hundred,000 in income as he battled the case.

 

Abbondanza’s lawyer, Courtenay Patterson, stated most of the allegations have been bogus and never violations of the People with Disabilities Act.

 

At first, Abbondanza stated the individuals suing him provided to let him settle the case if he paid them $15,000. As an alternative, he determined to battle them. Patterson, via the courtroom, agreed to symbolize Abbondanza free of charge.

 

Earlier than Patterson was concerned, one would have thought the restaurant was on a campaign towards individuals with disabilities and that it took months to make the restaurant extra accessible.

 

However that is simply not true.

 

“Took two hours,” Abbondanza stated of the few repairs he needed to make. “It was beneath $250 if I am remembering appropriately.”

 

The restaurant’s restroom was floor zero for the technical points he truly needed to repair. Among the many repairs have been the bathroom paper dispenser, which was a couple of inches too removed from the bathroom, and the urinal, which was a number of inches too excessive.

 

Abbondanza stated he simply would have made the corrections had an individual with disabilities struck up a dialog with him fairly than submitting litigation.

 

“All they needed to do was let me know,” he stated.

 

The case stated the Florida plaintiff, Santiago Abreu, personally visited the restaurant and “was denied full and equal entry” due to 14 particular violations of the ADA. However based on Patterson and the accessibility skilled she employed, greater than half weren’t.

 

“They don’t care if a restaurant comes into compliance. They are saying that they care, however they don’t care if they arrive into compliance,” she stated of Abreu and his lawyer, Jason Weiss.

 

Patterson is especially excited about how abruptly Abreu and Weiss dropped the case towards Abbondanza — simply days earlier than Abreu was scheduled to do a deposition together with her in Boulder. She additionally stated they dropped the case with out ever bothering to verify if the restaurant remedied the few ADA violations it had.

 

“[Weiss] did not ask for proof. He did not ask for pictures. He did not ask for an affidavit. Nothing,” Patterson stated.

In a telephone name to Denver7 late Friday night time, Weiss stated he agreed to dismiss the case having religion that Abbondanza made the corrections — even with out proof. He stated Abreu wouldn’t remark now or sooner or later.

That is why she and Abbondanza query the plantiff’s motives. They consider that Abreu merely didn’t need to put forth the trouble to battle his personal case.

 

“All they needed to do…



Source link