ADA Access to Adult Entertainment Called Frivolous
By Michael L. Betsch
CNSNews.com Staff Writer
July 17, 2002

(CNSNews.com) - Trial lawyers litigating on behalf of the disabled are being accused of exploiting a federal law designed to make American society completely accessible to the handicapped.

Rep. Mark Foley (R-Fla.) said the case of a quadriplegic who sued two West Palm Beach, Fla., strip clubs for being in violation of the Americans with Disabilities Act (ADA) is just one example of how the law is abused by trial lawyers.

According to Edward Law, the wheelchair-bound plaintiff, the lap dance room at the Wildside Adult Sports Cabaret is not wheelchair accessible and the stage that hosts the exotic dancers is too high for him to view the adult entertainment.

Law's attorney, Anthony Brady, Jr., is no stranger to prosecuting alleged ADA violations. According to the Wall Street Journal, Brady has sued more than 100 companies for failing ADA compliance.

Chris Paulitz, Foley's spokesman said all that Law should seek under the ADA "is the opportunity to ride into the lap dance room and the opportunity to see the girls on stage."

To combat potential abuses of the ADA, the congressman has introduced the ADA Notification Act. "All our legislation says is that you've got to give a 90-day heads up so that this just doesn't become an ambulance chase," said Paulitz.

According to Paulitz, ADA lawsuits won't stop with strip clubs "The next thing you know, the Bunny Ranch (brothel) isn't going to be compliant."

But as it happens, the Bunny Ranch isn't worried.

ADA Compliant Prostitution

The Bunny Ranch in Carson City, Nev., is one of the state's legal houses of prostitution and according to its owner, Dennis Hof, the brothel anticipates no problems with the Americans with Disabilities Act.

Hof claims he runs the "only brothel in Nevada that is totally ADA accessible," saying "the first thing I did when I bought the Bunny Ranch was make it ADA accessible."

"You know, I did everything but Braille," Hof said.

According to an unidentified female staff member at the brothel, "We've got handicapped service, big time. I've been here six-months and we've serviced a couple of quadriplegics."

Hof explained that he is sensitive to the needs of the handicapped because the wheelchair-bound Larry Flynt is a personal friend of his. Flynt is the publisher of the pornographic Hustler magazine.

The Bunny Ranch does a significant amount of business with handicapped men, some of whom have become disabled following motorcycle accidents, Hof said. "And guess what? They want sex, too."

Hof said he sympathizes with Florida quadriplegic Edward Law in his quest for equal access to adult entertainment. He believes that West Palm Beach County should not license any business unless they are 100 percent ADA accessible.

"It's really stupid for them to not have these places setup properly to start with," Hof said.

Equal Access Means Equal Access

Jamie Ruppmann, a director of governmental relations for TASH, a handicapped persons advocacy group, also believes Law should have equal access to all of the accommodations America has to offer it citizens, including adult entertainment.

"If you're open to the public, you're open to the public," Ruppmann said.

Ruppmann disagrees with Foley's proposed ADA Notification Act that would force plaintiffs such as Law to give 90-days notice to operators of businesses that are not in compliance with the ADA.

"To make that a hardfast public policy that would change the terms of ADA," Ruppmann said. "That is not something that most disability advocates and organizations support."

Ruppmann said Foley has decided to single-out Law's ADA suit against the two Florida strip clubs and use it as the "basis for making public policy that is going to affect the lives of over 50 million people who have disabilities in this country."

"We're always outraged when we feel that anyone is acting in a way that is frivolous and jeopardizes the hard won rights of people with disabilities in this country," Ruppmann said. "I just don't think that leadership by anecdote and extreme example is probably the best kind of leadership in these issues, no matter how well meant it may be."

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