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Disability activist files Gettysburg cases in federal court (ADA shake-down artist)
The Evening Sun (Hanover, Pennsylvania) ^ | January 22, 2009 | Erin James

Posted on 01/23/2009 4:00:08 AM PST by Virginia Ridgerunner

Marilynn Phillips is sick and tired of waiting for people to take her seriously.

The disability-rights activist has long said Gettysburg lags far behind many other towns when it comes to compliance with the Americans with Disabilities Act. For years, Phillips has filed complaints with the Pennsylvania Human Relations Commission.

But those cases take months, sometimes years, to resolve. In the meantime, Phillips said the businesses and other facilities she files against have largely ignored her concerns.

Now with the help of an attorney, Phillips has decided for the first time to file some Gettysburg cases in federal court in hopes of expediting the compliance process. Three local businesses are the defendants in the first series of federal cases, filed earlier this month in U.S. District Court for the Middle District of Pennsylvania.

"After 30 years of all of this, it really is time to let someone take over and do the work as quickly as possible," Phillips said. "I can't wait another 10 years, 20 years, for people to stop laughing at this."

(snip)

Phillips called her latest allegations "slam-dunk matters" that she expects the court to find in her favor.

She also said she is considering transferring some of her pending PHRC cases to federal lawsuits.

(snip)

Phillips' lawsuits ask the court to order the defendants to bring their businesses into compliance and reimburse Phillips for attorney's fees and other litigation costs.

(snip)

"Since these businesses have essentially ignored the issue ... I thought, you know, time to get things done," Phillips said. "They've had much, much notice."

(Excerpt) Read more at eveningsun.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; US: Pennsylvania
KEYWORDS: ada; business; gettysburg
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This is a classic case of an embittered, disabled woman who has nothing better to do than to harass local businesses and file frivolous complaints misusing ADA. She doesn't even live in the community and won't be satisfied until she destroys every remaining business there that does not bow down before her. And this is a community that has just lost around 2,000 jobs over the past month.

Pathetic and disgusting.

1 posted on 01/23/2009 4:00:10 AM PST by Virginia Ridgerunner
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To: Virginia Ridgerunner

She’s nuts. There are ramps and other accommodations for the disabled everywhere in Gburg.


2 posted on 01/23/2009 4:29:35 AM PST by ottbmare
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To: Virginia Ridgerunner
This women sounds as if she allows hate to direct her life.
Then of course the courts are a perfect place for her to go.
I am not sure I know every ADA law but I have a feeling that certain things such as National Historic Areas may have some exemptions simply because altering then or changing them would destroy the historical significance.
3 posted on 01/23/2009 4:33:18 AM PST by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: Virginia Ridgerunner

If she will have her representation call the jury ignorant rednecks, she will need a wheelbarrow to carry all her money.


4 posted on 01/23/2009 4:37:26 AM PST by WildcatClan (Obama is to the Presidency as Basquiat is to art.)
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To: Virginia Ridgerunner
I am a disabled person. Been in a wheelchair almost my entire 54 year life. The ADA has been in place for more than twenty years, and most businesses should be accessible other than those with an exemption because of age, or history. I live in a big city and have never filed an ADA complaint, mainly because I do live in a big city and can always find an accessible place to shop/dine. I certainly understand that people exist that take advantage of the ADA, but I need to know more about this before I say the women is wrong. Remember, the ADA was signed into law many, many, many years ago.
5 posted on 01/23/2009 4:40:09 AM PST by devane617 (Republican's first strategy should be taking over the MSM. Without it we are doomed.)
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To: Virginia Ridgerunner

The Codori House of Gifts is as I recall one small step up. If she had a friend to tilt her back it would be easy to surmount. This one is looking for a fight, couple of very nice older Russian ladies run the shop, please patronize, it’s right on Lincoln Square.


6 posted on 01/23/2009 4:43:23 AM PST by lmc12
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To: Virginia Ridgerunner

Looks like she may be an attention whore.

Here’s an article form 1992 on her efforts and those like her.

http://www.empowermentzone.com/onepower.txt


7 posted on 01/23/2009 4:48:52 AM PST by WakeUpAndVote (INGSOC starts 1.20.09)
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To: lmc12

If she had a friend.....
_____

Big if!

I think most people would hook her up to an 18 wheeler on RT.30 to make sure she left town.


8 posted on 01/23/2009 4:51:58 AM PST by WakeUpAndVote (INGSOC starts 1.20.09)
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To: Virginia Ridgerunner

The ADA is one of the biggest rip-offs that ever came down the pike. Millions of dollars are spent by businesses to meet requirements of a few people, many of whom wil never enter the business who has to spend this money.

I am not anti-handicapped persons, many of the ADA required additions are just fine , but there are some handicaped persons who use their handicap as an entitlement, and no I wouldnt want to trade places with them.


9 posted on 01/23/2009 4:56:57 AM PST by Venturer
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To: devane617

As a G-burg local resident, I can assure you that this woman has not tried to be constructive in her “activism,” but entirely destructive. Her entire history with the town is confrontational, and she is so angry and hateful, that no business can reason with her. And yes, most of the buildings she is complaining about are very old.


10 posted on 01/23/2009 4:59:21 AM PST by Virginia Ridgerunner (Sarah Palin is a smart missile aimed at the heart of the left!)
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To: Virginia Ridgerunner
Everytime I hear someone self-describe as an "activist", I want to puke. It means they don't have a real job, just bloodsucking off of others. There's a guy like this in our area, who likes to go after stores if they don't have the requisite amount of handicapped parking spaces.

Phillips - who uses a wheelchair because of post-polio syndrome and severe osteoporosis - alleges she was discriminated against in August and September of last year when she attempted to enter Codori House of Gifts, 2 York St., Wentz Stained Glass Studio, 48 York St., and the Spirited Ladies Shoppe, 45 Chambersburg St. Each shop lacks an accessible wheelchair entrance, according to Phillips' lawsuits.

So she's going to run a bunch of small businesses out of work. Bravo, activist.

11 posted on 01/23/2009 5:05:19 AM PST by thecabal (Keep The Change)
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To: Virginia Ridgerunner
There are several exemptions from the ADA — a historical structure is just one. A few years ago I remember the guy in California that was filing ADA complaints and then collecting $5,000 from each business to drop the suit in favor of monetary compensation. I do not know this situation, but I wonder if she is seeking money, or just access? Here in my area, we have an “older” historical section of the city that most stores are not ADA compliant. However, I, or hardly anyone else goes there enough to keep the businesses going. They are always coming and going.
12 posted on 01/23/2009 5:10:40 AM PST by devane617 (Republican's first strategy should be taking over the MSM. Without it we are doomed.)
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To: Virginia Ridgerunner

here is how the ADA suit scam works.

the activist is the “expert” for the testimony in the lawsuit.

A law firm as a lawyer who only does these cases (or just a solo that focuses).

They create a shell (straw man / fake) entity which is the plaintif.

Under the ADA a plaintiff MAY NOT recieve money damages. They can only get their LAWYER FEES, and EXPERT fees.

IOW that activist in the begining gets PAID for being a pain.

The ADA does not give warning, no notice to cure NOTHING.

Just the law using lawyers as bounty hunters funded by lawsuit targets.

ONE MILIMEETER off and costs and fees are awarded.


13 posted on 01/23/2009 5:39:46 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Virginia Ridgerunner

More from the link that you left out.

Phillips - who uses a wheelchair because of post-polio syndrome and severe osteoporosis - alleges she was discriminated against in August and September of last year when she attempted to enter Codori House of Gifts, 2 York St., Wentz Stained Glass Studio, 48 York St., and the Spirited Ladies Shoppe, 45 Chambersburg St. Each shop lacks an accessible wheelchair entrance, according to Phillips’ lawsuits. Representatives of those businesses could not immediately be reached for comment Thursday.

Phillips has been a disability-rights activist since 1987, when she filed her first complaint against Morgan State University in Baltimore for not providing a wheelchair-accessible restroom on the building floor where she worked. The complaint led to the restroom being renovated, along with a majority of the campus.

Since then, Phillips - a Hampstead, Md. resident - has filed numerous complaints throughout Maryland and Pennsylvania. Her first complaint in Gettysburg was filed in 2006 against the Majestic Theater, which is owned by Gettysburg College. Phillips alleged the theater lacked accessible emergency exits. College officials later addressed the issue.

The ADA prohibits discrimination against individuals on the basis of disability and requires public accommodations - such as businesses - to meet accessibility requirements. In some cases, that means providing a ramp for wheelchair accessibility.


14 posted on 01/23/2009 5:40:00 AM PST by Netizen
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To: Netizen

There ARE limitations in the ADA.

How much money the company makes, employees etc.

The problem is these suits have become a billable hour mill for the lawyers and the “activists” who profit via sham expert fees.

The lawyers set up a charitable “entity” which serves as the plaintiff then the activist gets money as the expert witness circumventing the ADA rules.

There is no notice prequisit to filing suit. There also is no means of being “certified” in compliance. You could (and do) have new and accessable buildings which are still sued to generate the fees. Also after teh suit, there is no protection agains the NEXT “activist”.


15 posted on 01/23/2009 6:10:22 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
There ARE limitations in the ADA.

Of course there are and I'm sure her attorney knows what the limitations are, or they wouldn't bother. They don't like to waste their time either.

The problem is these suits have become a billable hour mill for the lawyers and the “activists” who profit via sham expert fees.

If she doesn't have a legitimate case they will be thrown out. In the past it seems that she did indeed have legitimate cases.

You could (and do) have new and accessable buildings which are still sued to generate the fees. Also after teh suit, there is no protection agains the NEXT “activist”.

Is that what she is doing or does this have nothing to do with the article at hand?

16 posted on 01/23/2009 6:23:42 AM PST by Netizen
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To: Netizen

ADA suits are a legal scam these days.

The legit cases are the EXCEPTION, the scammers are the rule.

It only takes a single out of compliance 1/2 INCH and this leads to attorneys fees and costs.

THe lawyers count on the fact that it is cheeper to pay the lawyers fees or this scam artists “expert fees”.

ADA suits are a cash cow, they have nothing to do with access as a rule.


17 posted on 01/23/2009 6:48:55 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
The article is about a woman that has had legitimate complaints in the past. If YOU want to call her a scammer, that's your business, but, I won't, BECAUSE she has had at least two legitimate cases and won.
18 posted on 01/23/2009 6:57:26 AM PST by Netizen
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To: Netizen
Some will never understand what it is like on my side of the fence. I have two friends that are quadriplegics due to wounds suffered in Iraq/Afghanistan. Both are only a few years from injury. I always smile when I hear the complain about access issues. Then explain what it was like in the 60's-70's-80's.

I caught hell trying to go to classes at Ga Tech in the late 70's -- sat outside in the weather for at least two classes and looked through an open window. Then, after graduation, I worked for a HUGE corporation for three years in an office without an accessible restroom. I had to cross the street to the local neighborhood bar to use the restroom. Those that have never experienced lack of access/restrooms/travel will never understand.

19 posted on 01/23/2009 7:48:14 AM PST by devane617 (Republican's first strategy should be taking over the MSM. Without it we are doomed.)
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To: Virginia Ridgerunner

I’m in Homestead Florida and we have one lady here who is infamous for using the ADA and her disabilities to get anything she wants and to act as she wants.

Her wheelchair has a sign on the back that say “I HAVE THE RIGHT OF WAY ALWAYS” and you better believe it. More than once she’s literally taken her motorized chair and driven into people, children included, who she claimed would not move out of her way on a sidewalk, store aisle or on a road.

Her electricity and water are provided through the City’s Utilities and each month when her bill arrives she goes to City Hall and demands to see the mayor or city manager. She claims she does not have to pay for any utilities because of her handicap protects her from any bills from a Gov. body. She’s been cut off many times and called the police wanting the person who cut her off arrested plus everyone working in the utilities department.

In the 4 years I worked for the PD I must have been called to a scene 4 dozen times, without exageration, where she was either demanding we arrest someone or she had rammed her wheelchair into someone (including a few children) or swung at them/hit them with a cane she always carries.

In one month, she called the station 127 times.

I’m in no way saying this is common with the handicapped but it’s easy for someone who’s filled with hate or just wants attention (in her case both) to us the ADA to their benefit and to harass others.


20 posted on 01/23/2009 11:28:29 AM PST by Brytani
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