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Americans with disabilities act

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olopbob

Junior Member
What is the name of your state? Ky.
When filing a federal complaint or cival action against a business that is in another state, does the action need to be filed locally or in the place of occurance? Also can anyone tell me which would be the proper forum for questions about the Americans with disabilities act, title 3 ? This involves refusal of service to a disabled person.
Thanks
 


R

rjb3445

Guest
Diversity jurisdiction

You can file a lawsuit against a person or corporation in another state in the U.S. District Court in your state under the "diversity" jurisdiction (disputes between citizens of different states) of the Constitution.

The U.S. District Courts in most states have pretty good websites where you can download information on how to go about it.

Good luck.
 
H

hexeliebe

Guest
When filing a federal complaint or cival action against a business that is in another state, does the action need to be filed locally or in the place of occurance? Also can anyone tell me which would be the proper forum for questions about the Americans with disabilities act, title 3 ? This involves refusal of service to a disabled person.
If the corporate headquarters is in a different state other than where the incident occurred, you will need to file where the incident occurred. You do not file against the home state of the corporation simply because they are in a different state. The home state has no jurisdiction.

If the corporation is conducting business in the state where the incident occurred, they are required to register as a 'foreign corporation' with that state's Secretary of State's office and have listed a registered agent for which service can be completed.
 

HomeGuru

Senior Member
olopbob said:
What is the name of your state? Ky.
When filing a federal complaint or cival action against a business that is in another state, does the action need to be filed locally or in the place of occurance? Also can anyone tell me which would be the proper forum for questions about the Americans with disabilities act, title 3 ? This involves refusal of service to a disabled person.
Thanks
**A: please list the state that the action ocurred in and provide a brief description on the refusal of service to a disabled person and if the persons' disabilities fall under the ADA.
 

olopbob

Junior Member
After prepaying and checking into a motel and after, advising desk clerk of disabled occupant (blind and leg amputee) with service animal, we were verbally abused and thrown out by manager claiming previous dog damage. He saw the "seeing eye dog", after peeking through curtains. When we advised
him that we had paperwork as well as copy of ADA with regulations concerning service animals we were told
"SUE ME", and get out. Besides the stress of a long days travel, unloading luggage and then reloading we were
forced to find alternative lodging without benifit of reservation, as well as suffer this mans verbal abuse.
Could you advise what recourse we have to end this practice through a federal complaint as well as seek
some sort of restitution through legal action civil as well as punitive, for this outrageous behavior, and a copy
of a previous suit similar to this? A local attorney in the city of this violation has already offered to help in any
way.Thank you for any help you can give us in this matter.
This incident occured in Montgomery, Alabama and corporate headquarters are in ATLANTA, GA.
 

HomeGuru

Senior Member
Wow, you should have called the police to document the incident. When did the incident take place? I am sure you will be able to find an attorney to take the case.
 

olopbob

Junior Member
This happened July13th. We did ask manager to call police but he refused and became more adament we leave. We do have all documents, chek in and out with time stamp and also credit card reciepts. Also later that evening we made statement to local attorney but he practiced in another area of law, but did offer to help. Biggest problems are inability to find attorney here or from Alabama bar who practice in this civil rights area. Money is also a consideration. I have now found there is Alabama law that if we knew then could have given us a basis to call local police. You need to understand though the stress all this takes on the disabled as well as the service animal.
 
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emersonpoet

Guest
i am very sorry that you were treated like that- please do keep us posted
 

olopbob

Junior Member
My biggest problem seems to be finding an attorney in Alabama. I asked for referral from state bar and received one referral who has only practiced two years. You would think that state would be full of civil rights attorneys. I have contacted three others with no response. I even advised I had done most groundwork and just needed to have suit started. I am waiting for Justice Dept. response, perhaps they can get the proverbial ball rolling. Thanks for support and any Alabama referrals will be welcome.
 
A

ammstormy

Guest
my heart bleeds- i work with the developementally disabled and the mentally ill- it's a shame how little we really have civilized our nation
 

VeronicaGia

Senior Member
Try here:

www.lawguru.com

You can ask questions, and only attornies can respond. Realize you can only ask one question every 30 days, so make sure you are precise in your wording. You'll likely find someone willing to help. Hopefully..... :)
 

olopbob

Junior Member
Just checking in on ADA case

I used my one question per month up at Lawguru only clarifying jurisdiction, will try again in another week. Have retained a very good attorney in Alabama after complaining to bar about referrals only being for rookies. After discussion with our new top civil rights attorney he said this case was an obscenity, and he took us on. (After saying his firm only took 1 in 50) but this case did need positive resolution. They have found many new torts which he will pursue.

Thanks for support, it reinforced my commitment to fight the abuse of our disabled.

Bob
 

olopbob

Junior Member
No, it took a week to backup ownership from Al. to GA. , but advised to pursue in jurisdiction of offense.

If anyone knows of disabled American advocacy groups who may give us support (not monetary) but with a letter, email or fax please have them contact me. We just need support to show this humiliation is not tolerated. (circumstances above)

[email protected]

Thanks

FAMILIAR ANTEDOTE: or should I say "REAL ADA LIFE"
True story:
:We were thrown out of a cab 4 days ago because of Reg's same guide dog, but driver in broken English said he was allergic and put us out. He at least knew he needed replacement, so we waited on suburb corner for35 minutes.

This happens everyday to 100's and when we ignore it , we contribute to it. How many times has this happened to you or a loved one, or especially to a stranger. "Compassion is a gift"

Sorry, preaching, but we just cannot let this happen. FIGHT

BOB+REG
 
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