California Riding Magazine • August, 2009

Beware!
Carter’s Feed slapped with
American Disabilities Act lawsuit.

by Cheryl Erpelding

This slight rise into Carter’s Feed store is one of the 10 counts
on the lawsuit brought against the feed store this past spring.
Photo: Erpelding Photography

This past spring a customer in a wheelchair came into Carter’s Feed in Encinitas. The sales clerk on duty asked the gentleman more than once if he needed help, owner Mike Carter told me. The customer declined the offer of help and left without purchasing anything. Two months later, Carter received the terrible news that he was being sued under the American Disabilities Act by the customer for not meeting the requirements regarding creating wheelchair access for disabled customers. Brought by Roy Davis Gash, the lawsuit included 10 counts at $4,000 each! Carter quickly called his attorney to resolve the financial threat to his business. 

His attorney was able to settle the suit, but not without a huge expense to Carter’s Feed. The plaintiff, who has been involved in more than one lawsuit for the same reason, settled for $7,000. The attorney fees were $4,000 and the improvements Carter made to bring his two feed stores up to the ADA codes brought his expenditures to $25,000. This included having the proper handicapped parking space, redoing the parking and access to his stores and more.

As a small business owner myself, I think we all need to beware. There are uncaring individuals out looking for financial gain if your business is not up to the codes outlined in the American Disabilities Act!