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			     ADA Victory

Sorry to change the subject, Folks, but for once I have some positive ADA
news.

Most of you probably know that last September, after 3 years of futile
arguments, I filed a federal lawsuit against my hoemtown, Lakewood, Ohio,
alleging that the city, among other things, was refusing to comply with the
ADA.  The city's defense has been that the ADA doesn't apply to them.

We just received an interlocutory judgement from a federal magistrate
assigned to investigate the case and rule on motions.  On September 6, 1995,
in case number 1:94 CV 1857, captioned "Reverend James Sutter vs the City of
Lakewood, Ohio", in federal district court, Magistrate J.W. Bartunek ruled as
follows:

1)  The city of Lakewood, Ohio has failed to answer Plaintiff's discovery
requests, and therefor an Order to Compel was issued, giving the city 10 days
to answer all discovery, after which time the city will be found in contempt.
 Additionally, the city must pay for all attorney's costs and litigation
costs for my attorney's work on discovery.  Additionally, the city is ordered
to pay for all Plaintiff's future discovery, including scheduled depositions
upcoming later this month.

2)  Motion for Sanctions.  Magistrate Bartunek additionally ruled that the
city has exhibited bad faith and has tried to obstruct justice in this
matter, therefore, sanctions are approved as follows:  The city must pay
Plaintiff's litigation and attorney's costs, in full, in all matters having
to do with this case.  The city must pay this money, in full, within 10 days
or be found in contempt of court.

3)  Finally, Magistrate found that:  (A) The City of Lakewood, Ohio does have
to comply with the ADA, (B) The City of Lakewood, Ohio has failed to comply
with the ADA and (C) The City of Lakewood, Ohio has deliberately carried out
a campaign of retaliation against me, even threatening to arrest my landlords
when they defied the city's order to evict us, and that this retaliation was
a result of my advocacy for ADA compliance.


Cool, huh ?  It's about time we had some good news.   I'll keep you posted.
  Rev. Jim Sutter   <IRISH38@AOL.COM>  9/8/95  2030 hours


        

 

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