Question
Please refer to the class Research Problem (ADA Hypo posted with this assignment) and use it to answer the questions below. Case #1: Ezra Sanders
Please refer to the class Research Problem (ADA Hypo posted with this assignment) and use it to answer the questions below.
Case #1: Ezra Sanders The Law Office of Ezra J. Sanders Where Justice is Served 1234 Rainey Street #600 Austin, TX 78701 512 - 555 - 5555 Ezra Sanders is a prominent attorney based in Austin, TX. As a 100% disabled veteran, he is a fierce advocate for the rights of the disabled. In fact, several of Ezra's recent jury verdict wins and out-of-court settlements were based on violations of the federal Americans With Disabilities Act (ADA). After his most recent win, Ezra sits down and looks for patterns and commonality. He finds that his pattern of victory is based largely on detecting violations of the ADA's "Standards for Accessible Design" (the ADA Standards) by local businesses. This pattern both disturbs and intrigues Ezra. Who do these businesses think they are? There is an ADA for a reason. Persons with disabilities have it hard enough without companies that are supposed to be providing services for the entire community making it difficult for his clients to even gain access. Ezra believes he has an opportunity to effect change. If he can bombard all of these noncompliant local businesses with multiple violations of the ADA Standards, a win-win scenario will emerge. He will raise awareness of the ADA's requirements, his clients will receive compensation for the violations of their rights, the businesses will be punished for violating those rights, and hopefully the businesses will adhere to the law going forward. It's all for the greater good. Ezra sits down at his desk with the results of his findings, including the names and addresses of local businesses with potential ADA Standards violations, however small. The plan is threefold: 1. Armed with cameras and measuring equipment, Ezra and several of his disabled veteran friends will visit the local businesses on the list and check for specific violations such as: 1. Facility entry door size requirement, 2. Lack of a working disabled bathroom, 3. Inaccessible websites, and 4. Parking space size requirement violations 2. Ezra will send draft "demand letters" to potentially noncompliant businesses, including pictures and measurements illustrating the alleged violations of the ADA. The demand letters will include 1) requests for monetary settlements to his clients, ranging from $2000 - $5000 and due within 90 days and 2) a demand that the business make any necessary changes to comply with the ADA Standards. 3. If necessary, Ezra will sue any business that refuses to both pay the settlement AND bring itself into compliance with the ADA. Once in court, he will ask the judge to impose punitive damages in addition to the initial demand. Ezra officially launches his plan and begins sending demand letters on November 1, 2019. It's winter, so these violations are especially problematic for the differently-abled. Case #2: Malik Green Malik Green, Attorney at Law Advocating for You 456 N. Lampasas St. Round Rock, TX 78664 737 - 555 - 5555 Malik Green is a local attorney who owns his own firm and represents several small businesses in Austin, TX. As he comes into his office on February 1, 2020, he notices 20 walk-ins in the office lobby. Each walk-in is holding a piece of paper in their hands. Janice, the head paralegal, is working diligently to ensure everyone is comfortable and ready to proceed in an orderly fashion. Janice follows Malik into his office with a piece of paper in her hand. As Malik sits down, Janice explains why everyone is holding what turns out to be the same sheet of paper: they are all representatives of local businesses who have received a demand letter from Ezra Sanders. The letter includes photos of alleged ADA Standards violations and settlement demands anywhere from $2000 to $5000. Malik is outraged. Some of the demands are for tiny violations, including parking space or entry measurements off by millimeters or a single inch. Malik believes Ezra is abusing his powers as an attorney to punish the "little guy" businesses that Malik represents. Malik plans to fight back. Malik, Janice, and the rest of their paralegal and legal assistant team collect the contact information for the new and prior clients, a listing of alleged violations per client, and the amount of money demanded from each client. Malik then looks up Ezra's State Bar record to discover if Ezra has ever been the subject of any complaints or discipline for similar behavior. He also hires a private investigator to find out if any large national businesses in a three-mile radius of his new clients 1) have received any demand letters or had any previous dealings with Ezra for violations of the ADA or 2) can be accused of the same or similar ADA Standards violations. The research team and private investigators find that the answer to question 1 is no and the answer to question 2 is yes. Malik determines that Ezra's recent demand and sue campaign is aimed specifically at small local businesses that are more likely to settle, and does not target large national companies that exhibit the same ADA Standards violations but are likely to have the resources to fight a lawsuit. Malik believes that this amounts to extortion and is a violation of Ezra's duties as an attorney. Malik drafts a response to Ezra's demand letters stating that his clients will not pay any future settlement requests unless court-ordered and that Malik will seek every legal remedy available. Any cases filed against Malik's clients for these minor, abusive charges will be met with a vigorous fight, including complaints to the State Bar and court motions for sanctions against Ezra for abuse of the legal system. He and his clients will not take this abuse.
- Analyze the issue(s):
- What do you know about this area of law? (5 pts.)
- What do you need to know? (5 pts.)
- State a few issues statements that may answer your question (5 pts.)
- Starting your search on the Internet
For the following questions, use an Internet search engine of your choice
- List a helpful research guide you found on the Americans with Disabilities Act (5 pts)
- List a natural language search query you could use to find relevant information relatedAmericans with Disabilities Act (ADA) Title III in Texas. (5 pts)
- List the most helpful source that you found. (5 pts)
- How many results did you find? (5 pts)
- Visit the Westlaw or Lexis Secondary Sources. Run a search for law review articles on Title III of the Americans with Disabilities Act (ADA). What is the name of an April 1, 2008 Article from Texas? (5 pts)
- In Westlaw, look for all Secondary Sources that include the exact phrase "building access"
- How many from the state of Texas? (5 pts)
- What is the name of a source from question 4b?(5 pts)
- For the following questions choose either Westlaw or Lexis and search within "Secondary Sources." Provide an explanation of how you located the source, describe how you navigated the source and what you've learned about Ezra's and Malik's legal issue(s). For your answer, you should search for the following sources.
- American. Jurisprudence (Am. Jur.) , or Corpus Juris Secundum (C.J.S.)
- Texas Jurisprudence (Tex. Jur.)
- Which database are you using? Why did you pick this database? (5 pts)
- List a natural language search query related to Title III of the Americans with Disabilities Act (ADA) and the corresponding number of results produced from that search. (5 pts)
- Using the chart below, list the most helpful entry you found. (40 pts)
Ezra's Case
Source | Search Query | Source Citation | Source Value/Application | Citations Found or Next Steps |
Malik's Case
Source | Search Query | Source Citation | Source Value/Application | Citations Found or Next Steps |
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