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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 16, 2018 5:32 pm 
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TillerBee wrote:
RED HAT, here's an article from August that explains what's happening

Dozens of Colorado businesses hit with Americans with Disabilities Act lawsuits filed by Florida man

To see current posts here on Pinecam about the restaurant, click on "Places to Eat" above the title of your topic like here:

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Scroll down some and you'll see a topic called The River Bend Restaurant, click on the 29 under this and you'll pick up on the conversation on what happened and current info.

Remember this conversation? The house passed a bill to remedy this - with venomous opposition.

House Accused of ‘Turning Back the Clock on Disability Rights’ With Latest Vote

Quote:
On Thursday, the House of Representatives voted to pass H.R. 620, the ADA Education and Reform Act of 2017. The American Disabilities Act was passed in 1990 in order to prevent employment discrimination against those with disabilities. H.R. 620 would enforce a new provision that individuals cannot pursue lawsuits against business owners unless they are given written notice and fail to respond with improvements or to make substantial progress after six months. It passed 225-192.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 16, 2018 7:12 pm 
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Great news! Thanks for sharing this TB.

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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 16, 2018 8:33 pm 
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Great news from me too. As with many things something that is supposed to be a good thing goes overboard. It should never have been allowed to destroy someone else life without some sort of warning.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 1:15 am 
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The sad part about this bill is that most of the Dems voted AGAINST it along with ...of course...the ACLU. That speaks loudly as this vote should have been close to unanimous with only a few radicals against it.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 7:59 am 
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This is good news going forward for all businesses.
The fact remains that Riverbend has other issues keeping it from reopening at this point in time.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 11:59 am 
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I assume this must now go to the senate where it will likely die after Chuck U gets wind of it.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 12:59 pm 
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Oh bummer, thought it was a done deal... the bureaucracy of our government :bash: It is not like they are dissing the disabled, they are just dissing those who abuse the system.

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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 1:49 pm 
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Never a done deal in Congress. :(

Here's an excerpt from the above article:

Quote:
"H.R. 620 would impose a burdensome process before people with disabilities could file a civil action for an accessibility violation in a public accommodation case," Gupta warned.

Disrupting the compromise between business owners and people with disabilities “would upset this careful balance and dramatically shift the burden to access public accommodations from businesses to discrimination victims,” she added.

Supporters of the ADA Education and Reform Act push back at this narrative. Rep. Matt Gaetz (R-FL), for instance, said the legislation is a “victory for the disabled community and business owners alike” because "they will be able to have non-ADA-compliant properties remedied swiftly, without incurring the high costs and lengthy wait times of litigation."

Not to make this topic controversial or political and get it sent to the Study, but can anyone explain to me how this act would "dramatically shift the burden to access public accommodations from businesses to discrimination victims"?


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 3:29 pm 
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I don't think this would "dramatically shift the burden to access public accommodations from businesses to discrimination victims." The burden still falls on the business owner!!! <- this sounds like a partisan talking point based on nothing.

In Colorado the ADA requirements are not enforced by the state, they are only enforced by the federal govt. Sorry, I cannot remember the colorado.gov website where I read that, but i am certain that it is accurate.

That being said, what happened at Riverbend was absolutely wrong. A business shouldn't be able to be sued for a toilet paper roll being too high for someone to reach without a period of time to correct the problem. There are sooooo many rules and regulations that businesses must adhere to that some sort of protection for the business needs to be implemented. Most small mountain businesses cannot afford to hire a lawyer, a contractor, and an ADA expert to come in and say that every single little tiny detail has been considered, and we shouldn't be expected to. Even the health code allows for non-compliant things to be corrected in a reasonable period of time. And the ADA should not be any different. Believe me, the businesses do not want to turn away customers, but it is very difficult to know beyond a shadow of a doubt that you have complied with every single law.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 3:50 pm 
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Contrary to what many believe, this had nothing to do with Riverbend closing.


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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 17, 2018 5:28 pm 
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I guess just a coincidence that Riverbend closed just after the lawsuit? I would believe more that this has nothing to do with Riverbend remaining closed, which is outside of any public issues.

Matt Gaetz hit it on the head -a win win decision and if the business does not comply we are just back to where we would’ve been anyway. Bottom line is if the business is not equipped, nothing is going to fix it immediately so what is the point of suing - to make money from nothing which sadly is becoming more and more common.

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 Post subject: Re: RIVER BEND RESTAURANT -WHAT HAPPENED
Post Posted: Feb 18, 2018 9:27 am 
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I am curious as to what a small business like the Riverbend is changed yearly for property tax?


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