Legal Question in Disability Law in Washington
discrimination and retaliation in a public place
i am in a wheel chair. i was thrown out
of a car dealership because i complained
that were violating the rights of the
disabled by using disabled parking for
serviced and demo veichles and that i
had called the police to have them
ticketed. Was I discriminated against?
2 Answers from Attorneys
Re: discrimination and retaliation in a public place
The Americans with Disabilities Act (ADA) protects against discrimination in places of public accommodation, which would include a car dealership. Whether you have a claim probably depends on whether you were denied access to one of the parking spaces, i.e., whether the spaces were filled because of non-qualified vehicles so you couldn't find one. On the other hand, it appears you were retaliated against for complaining, which may be a sufficient basis for a claim.
This area is sufficiently complex that you should consult with an experienced ADA lawyer. Do not delay. You have only a limited time in which to proceed on any potential claim, and if you delay you may lose the right to pursue your rights.
Good luck.
Re: discrimination and retaliation in a public place
Based upon the facts you present, it appears that you were unlawfully discriminated against in violation of state and federal law. Businesses have a legal obligation to give disabled persons meaningful access to reasonable accommodation. The dealership had a duty to provide you with access to the disabled parking spaces. Additionally, by removing you from the business property, the dealership may have engaged in unlawful retaliation based upon your disability.
Because this area of law can be commplex, you should contact an attorney at your earliest convenience.
The best to you,
LeAnn McDonald
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