Visitor Question

Lawsuit Against the US Postal System for Violation of the Americans with Disabilities Act…

Submitted By: Jesse (Thornton, Colorado)

I am a disabled person. My local post offices (and several others I have checked) just have the parking lot painted with the handicap sign.

An ADA handicapped parking space must be identified with the international symbol of accessibility. This sign must be placed high enough that it will not be obstructed when a vehicle is parked there. For spaces that are designated as “van accessible,” this sign must indicate that the space is “van accessible” shown here. There typically is a sign painted on the pavement as well but there are no ADA regulations on that.

My post office and others I have seen just have the parking lot signs but not a sign placed above the space which is the ADA requirement. I have spoken to my local postmaster on several occasions to no avail. I contacted the District Consumer Affairs and was told that they would look into the matter.

Nothing has been done and I feel this is a possible class action lawsuit against the US Postal System. What do you think?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jesse,

A Class Action lawsuit is not a simple task. It requires a hearing before a federal judge to determine and decide whether to certify a complaint as a Class Action. To certify a case in federal court the person(s) attempting to be classified as such have to show the Court (the Judge) that the inappropriate placement and notice of those handicapped spaces has caused harm to a certain class of people.

To make matters even more difficult, federal facilities are normally protected under the Federal Tort Claims Act. You would have to jump that hurdle as well.

Your well-advised thoughts about this issue should be further investigated. It would certainly seem like a good idea to make an appointment with an Attorney. She will certainly be able to afford you specific answers about your questions.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 11, 2017

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