Sixteen federal complaints filed by single plaintiff in rouse that’s become old hat to attorneys
Business and property owners across Durango were hit with a rash of lawsuits in mid-October that have left them scrambling to protect themselves against what they characterize as a shakedown for $10,000.
At least 16 establishments were served with lawsuits because they lacked a handicap parking spot, which is a violation of the Americans with Disabilities Act. Steven Daniel Felix, address unknown, is the plaintiff listed on the lawsuits. His attorney is a Texas-based lawyer, and former wrestling promoter Richard Bruce Tharpe. Self-identified “testers” for compliance like Felix are freelance operators that do not represent the government.
These ADA Title III federal lawsuits are no anomaly. The same thing happened in Durango in 2016 with a different plaintiff with a different attorney citing different ADA violations. A quick internet search reveals some simple facts. The lawsuits are a plague across the country that all follow the same pattern.
The pattern goes something like this: 1) Lawsuits are filed against business owners threatening thousands if not hundreds of thousands of dollars in federal fines for ADA violations. 2) The vast majority of business owners address violations immediately. 3) The plaintiffs’ lawyer agrees to drop the lawsuit for a cash payoff.
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