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Old 07-04-2011, 12:30 PM
 
2 posts, read 16,993 times
Reputation: 10

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Just moved into Senior apt. complex that is handicapped accessible. I was moving furniture and fell over a car stop that is located at the end of three sidewalks that come together to allow wheelchairs to go out to the parking lot. At the end of these sidewalks you will find the car stop, so the man in the wheelchair has to get out of his chair, get his cane and hobble to his car. If he wants his chair he has to pull it over and around the car stop! I have been in the Er twice and to the Chiropractor cause I broke my little finger and banged up my knee. The complex came out and painted the car stop yellow instead of removing it!!! Very funny!! Isn't it against the law to have a cement curb and the end of a handicapped sidewalk??
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Old 07-04-2011, 12:56 PM
 
3,155 posts, read 5,194,367 times
Reputation: 1770
It's hard to say whether that wheel stop whould be an ADA violation or not, without seeing it in person, or maybe a picture of it.

If it is in San Antonio City Limits, maybe the best thing to to would be to check some of the resources at the Disability Access office website, and maybe email your question to them, if you aren't sure a violation exists.
Title - City of San Antonio
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Old 07-04-2011, 09:21 PM
Status: "I am Blessed." (set 8 days ago)
 
Location: Spurs country. "Go, Spurs, Go!"
3,415 posts, read 3,970,488 times
Reputation: 8849
So sorry you fell and were injured. Continue to complain to management, it sounds dangerous. What is the name of your complex? Is it Federally funded or private? I'm beginning to look for a relative. Thanks.
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Old 07-05-2011, 11:06 PM
 
Location: The "original 36" of SA
816 posts, read 1,479,659 times
Reputation: 636
You might try calling the Texas Department of Licensing and Regulation's complaint line at 1-800-803-9202. Section 68.93 of their Architectural Barriers Administrative Rules states the following (note that "TAS" stands for Texas Accessibility Standards - our version of the ADA guidelines). From Architectural Barriers Administrative Rules :

68.93. Complaints, Investigations, and Audits. (New rule section effective November 5, 2001, 26 TexReg 8807; amended effective February 1, 2005, 30 TexReg 382) (a) Complaints. A complaint may be filed against an owner if there is reason to believe that a building or facility is not in compliance with the Act, the rules, or the TAS...
(b) Investigations and Audits. Owners of buildings and facilities subject to compliance with the TAS are subject to investigation by the department...

By the way, I second the suggestion of posting a photo of the problem area.
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Old 10-15-2014, 12:30 AM
 
172 posts, read 285,953 times
Reputation: 84
yes it is illegal it is a ruse or subterfuge calculated to prevent of discourage a person with a disability from access.
tx hum res code title 8, chapter 121. you got less than 1 year to sue the complex in justice of peace court. The presumption of damages is $100 to you, also hit them with the Federal Americans with Disabilities Act in your complaint so they have to pay $399 to remove the case to Federal Court. Call the Texas Secretary of State, to inquire about the Apartment complex's registered agent of process, this is whom you serve the Defendant. If you are low income file an affidavit of inability to pay court costs to get the filing fees waived.
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Old 10-15-2014, 05:14 AM
 
3,155 posts, read 5,194,367 times
Reputation: 1770
Quote:
Originally Posted by LongLiveCassettes View Post
yes it is illegal it is a ruse or subterfuge calculated to prevent of discourage a person with a disability from access.
tx hum res code title 8, chapter 121. you got less than 1 year to sue the complex in justice of peace court. The presumption of damages is $100 to you, also hit them with the Federal Americans with Disabilities Act in your complaint so they have to pay $399 to remove the case to Federal Court. Call the Texas Secretary of State, to inquire about the Apartment complex's registered agent of process, this is whom you serve the Defendant. If you are low income file an affidavit of inability to pay court costs to get the filing fees waived.
Since it has been over three years since the OP questioned the location of the wheel stop, I would hope the situation was resolved long ago.
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Old 10-16-2014, 08:45 AM
 
733 posts, read 867,868 times
Reputation: 409
Quote:
Originally Posted by whitepersiankitty View Post
Just moved into Senior apt. complex that is handicapped accessible. I was moving furniture and fell over a car stop that is located at the end of three sidewalks that come together to allow wheelchairs to go out to the parking lot. At the end of these sidewalks you will find the car stop, so the man in the wheelchair has to get out of his chair, get his cane and hobble to his car. If he wants his chair he has to pull it over and around the car stop! I have been in the Er twice and to the Chiropractor cause I broke my little finger and banged up my knee. The complex came out and painted the car stop yellow instead of removing it!!! Very funny!! Isn't it against the law to have a cement curb and the end of a handicapped sidewalk??
no, its not. please get over it and just be more careful.

i am not a lawyer.
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