Good evening. You cannot be sued. The ADA is there to protect the disabled from being denied access. You have no issues with access. Access does not allow the disabled to cause damage. They are simply trying to intimidate you. It is you that have the claim against them for the stains to your carpet. They have no claim against you...there are no provisions of the ADA which would result in liability for you under this scenario. No one can keep someone from suing you, but should they sue, they will certainly not only not prevail, their suit will most likely get dismissed summarily. My hunch is they will not file the suit at all.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Would it have been wrong orf me to ask that they limit moving about my store?
Not at all...being disabled does not give them the right to cause damage. My guess is they engineered this on purpose. There are groups of people...many of them gypsies...who do this purposely just to get settlements from people. Do not let them do this. Contact the district attorney's office....let them know the facts...you should be proactive to put these folks on their heels. You did nothing to violate the ADA.
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