Defending Against ADA Lawsuits
October 1, 2018 | Bradley KletscherCoauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. [maxbutton id=”1″ ] ADA Abuse. Enter ADA “drive-by” lawsuits. These lawsuits trace a predictable pattern: a disabled person, as defined by the ADA, goes to a business looking for non-compliance with ADA regulations. Due to the vast number of regulations, the business is often found not to be in compliance with ADA regulations; there may be too narrow of an accessibility strip next to a reserved parking space, too steep of a curb cut, too low signage for reserved spaces, too narrow of aisles, too high of a counter, or too high of a grab bar in the restroom. In one…
Read MoreNaked on the Bus
September 5, 2018 | Carole Clark IsaksonThe less catchy title of this blog is “DON’T USE OPEN PUBLIC WIFI!!!” Doing so may expose you, quite literally, to the world. I am the mother of a teenager– a really smart teenager who is proficient at Snapchat®, Instagram®, WhatsApp® and a host of other applications (Facebook® of course has been left for we older folks). I vainly tried to explain the dangers of open wi-fi to this smart person a few days ago, to be met with an eye roll and a “c’mon mom, it’s no big deal. Free wi-fi is everywhere if it weren’t safe I would know”. [maxbutton id=”1″ ] Well, dear reader and dear daughter, it is indeed true that open wi-fi (i.e. wifi that you don’t need a password to access) is EVERYWHERE, and this is likely why the many warnings of danger have been so ignored. We love our free wi-fi, and the free public wi-fi has been a magnet for business for every café and coffee shop around. But the dangers ARE real. And if your phone is set (as many are) to automatically connect to available wi-fi, you are literally walking naked down the aisle of a big bus, in full view of every person you pass. Now that I have your attention, let’s…
Read MoreMTA Convention 2018
August 8, 2018 | Carole Clark IsaksonAs they have done for many years, the members of the BGS transportation department attended the Minnesota Trucking Association’s annual conference in August. This year’s conference was held at Cragun’s resort in the Brainerd area, and BGS is proud to have been a silver sponsor of the event. To say that trucking is a significant industry is an understatement… with a very very few exceptions EVERYTHING spends time in the back of a truck. Trucks may haul goods from origin to destination, or deliver or pickup the goods from a dock, airport or railroad yard. This will not change, and as populations increase and online retailers promise ever faster delivery, the role trucks play in commerce is becoming even more critical. Where do the attorneys at BGS come in? We advise new and old trucking companies, logistics companies and freight brokers in contract and other matters. Our experienced and knowledgeable attorneys help clients in the transportation industry negotiate fair contracts, comply with state and federal regulations, manage employment and other internal issues, and improve operations. We are proud to have attorneys with decades of experience in trucking!
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