An Austin attorney
is sending demand letters to physicians and providers across the state alleging
that their websites are not accessible to people with visual disabilities and
that he will sue them unless they pay him $2,000 plus attorney fees.
On February 13,
2017, Chief United States District Judge for the Western District of Texas (San
Antonio Division) Orlando L. Garcia granted Concentra Operating Corp.’s
(Concentra) Motion to Dismiss a lawsuit filed against it by Omar Weaver
Rosales. The lawsuit was just one of
many filed, or threatened to be filed, by Mr. Rosales over physicians' and
providers' websites.
Jim Harrington, a
veteran civil rights attorney from Austin who himself spent decades fighting
for Americans with Disabilities Act (ADA) enforcement, says he knows of at
least 20 instances around the state where Mr. Rosales has threatened lawsuits
over physicians' and providers' websites. At least two dozen inquiries have
come to TMA through the Knowledge Center and Office of the General Counsel."
This is about as
close to a shakedown as you can get," Mr. Harrington said. "Rosales
sends a draft of a suit, (often) with himself as plaintiff, to scare people
into paying him $2,000. This is a perverted use of the ADA. The law was
designed to help the disability community, not make lawyers rich."
Mr. Rosales
already faces sanctions and a $176,000
fine imposed by U.S. Magistrate Judge Mark Lane, of Austin, over his actions
against Mr. Harrington in hundreds of lawsuits he filed alleging violations of
the ADA. In those cases, Mr. Rosales sued small businesses over parking lot
violations.
Judge Lane's
sanction of Mr. Rosales included a referral to the Disciplinary Committee
of the Western District of Texas. While the committee’s proceedings are
confidential, physicians who feel Mr. Rosales’s actions toward them are
relevant to this investigation may forward any materials received from Mr. Rosales
to:
Karl Bayer
Chair, Disciplinary Committee of the Western District of Texas
14900 Avery Ranch Blvd., Ste. C200
Austin, TX 78717
karl[at]karlbayer[dot]com
cc: U.S.
District Clerk
501 W. Fifth St., Ste. 1100
Austin, TX 78701
Physicians who
have complaints about frivolous or unethical demands made by any Texas attorney
may consider filing a grievance with the State Bar of Texas. Grievances may be filed online or physicians may print a copy
of the grievance form and mail or fax it to:
Office of the Chief Disciplinary Counsel
State Bar of Texas
P.O. Box 13287
Austin, TX 78711
Fax: (512) 427-4169
A PDF of the grievance form is available
online. More information about the State Bar of
Texas’ Attorney complaint process is available on the State Bar website.
TMA's Office of
General Counsel has identified several resources for medical practices
concerning websites and ADA compliance. These include information from the U.S. Department of Justice, the Employer Law Report, and eMedia Law Insider. TMA staff use
online checking services, such as Tenon.io, to check for
potential ADA problems on the TMA website.
Legal articles in Action or on
the TMA website are intended to help physicians understand the law by providing
legal information on selected topics. These articles are published with the
understanding that TMA is not engaged in providing legal advice. When dealing
with specific legal matters, readers should seek assistance from their
attorneys.
Revised - Feb. 27, 2017