Two properties sued over ADA non-compliance

Since July 1996 Nevadans for Equal Access has kept a keen eye on Las Vegas area businesses to see if they comply with accessibility laws for the disabled.

Two years later, its work has yet to be completed.

The organization called a news conference for today to announce it's suing two businesses it claims have not complied with the 1991 Americans With Disabilities Act.

The Value Center Thrift Store, 1304 E. Lake Mead Blvd. in North Las Vegas, will be sued, said Paul Martin of Nevadans for Equal Access.

Martin said when he tried to enter the store, a gate for disabled people had been tied with nylon ties. He said the gate later was tied with wire, making the store inaccessible for wheelchair-bound customers.

"They don't have proper handicapped parking and they have gone out of their way to obstruct disabled people," Martin said.

But Value Center manager Patsy Franco said today she had fixed the problem after the store received a letter notifying her of the alleged violations.

Martin said the fix was inadequate, though, because the remedy forces disabled people to enter where people are exiting.

He said a suit will also be filed against Gail Buy, who owns property at 2972 S. Rainbow Blvd. Martin said the owner partially complied with ADA, but fell short when it came to curb cuts. He said the cuts were fashioned in a way that could topple wheel chairs over.

"It got to the point she didn't want to do it the right way at the end," Martin said.

That leaves Buy perplexed. She said she has cooperated with the group's demands all along, stayed in contact with Martin and has spent $1,500 to comply.

"I'm at a loss," Buy said. "I've really tried with respect to this."

Litigation is nothing new for the group. Since 1996, it has filed 28 suits against Las Vegas businesses to force them to comply with accommodations set forth in the act.

Attorney Dan Wulz, who represents Nevadans for Equal Access and is handling the case against Value Center, said most businesses comply when they are told there is a problem. But for a minority, he said, the only way to force them to comply is through legal pressure.

"It's those occasional few that don't comply you have to take to court," Wulz said. "Once they get there, they usually comply quickly."

Martin lauded several businesses that quickly complied with ADA when notified recently they were in violation: Chicago Joe's, Family Medical Group, Ocotillo Plaza, Sunrise Hospital and the state welfare office.

Though the law has been on the books for years, many people not in compliance say they simply were not aware of the requirements, said Wulz.

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