Friday, May 11, 2007
Magistrate Judge Sargent denies motion for summary judgment in handicapped-access lawsuit against Barter Theater
In Morrell v. Barter Foundation, Magistrate Judge Sargent recommended denial of the defendant's motions in the case challenging handicapped access to the various facilities across the street from the main theater on the Barter Green. The Barter argued, among other things, that they are trying to fix the problem, which is not a valid defense, or so Judge Sargent concluded: "Because the Barter has only plans to cease this alleged violation of the ADA, and given the rigorous procedures that must be followed under the Program, and which failure to follow could result in losing the VDOT grant, it certainly cannot be said that there is no reasonable expectation that the alleged violation will recur, for the violation will certainly continue to occur until the completion of construction of an ADA-compliant sidewalk."
Posted by Steve at 2:47 PM