23 February 2015: Ninth Circuit Court of Appeals, re: Rush v. Denco
The PDF below shows that the Ninth Circuit court of Appeals agreed with CJA’s Attorney David Warren Peters that the ADA did not require the area immediately adjacent to the opening side of a door to be of any particular length. This case was significant in that it was filed by a lawfirm which has sued thousands of defendants in ADA/access lawsuits, and which advanced this same claim against many hundreds. If they’d been correct, untold hundreds– and possibly hundreds of thousands– of structures around the United States would have required costly and immediate alterations. On information and belief, hundreds of defendants paid settlements to avoid litigating these claims.
Plaintiff’s counsel: Lynn Hubbard, III, and Scottlynn Hubbard, IV, of the Disabled Advocacy Group, APLC
Defense counsel: David Warren Peters