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FOX 11 Fantasy Home 2008 by Living Spaces LLC

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12 Tucson businesses facing lawsuits over access for disabled

08:31 AM MST on Friday, March 28, 2008

TUCSON, Ariz. (AP) -- Twelve Tucson businesses, including two hospitals, have been sued for allegedly not being fully accessible to people with disabilities.

The suits filed by a Florida-based law firm target St. Mary's and St. Joseph's hospitals as well as the Doubletree Hotel, El Charro Cafe, Foothills Mall and Coffee Xchange, among other businesses.

The same law firm has filed hundreds of similar suits in nine other states and Washington, D.C.

The few owners who would comment when contacted Thursday said they weren't doing anything wrong and that their buildings were just built before the Americans With Disabilities Act standards were adopted in 1990.

The federal court actions focus mostly on issues involving parking, access and bathroom size.

The lawsuits stem from six plaintiffs, many of whom are polio survivors and use wheelchairs. The lawsuits do not call for compensation.

Many of the restaurant owners said they thought they were grandfathered in under the Americans With Disabilities Act because their buildings were older than the act, which was enacted in 1990.

But the idea of being "grandfathered in" is something of a misconception, said Ed Myers, executive director for the Arizona Center for Disability Law.

He said for those buildings built before 1990, repairs must be affordable to owners. If not, accommodations need to ensure that all people can be served.

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Information from: Arizona Daily Star, http://www.azstarnet.com

© 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.

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