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Lucy, Esq.
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Do roads within a cemetery have to be kept clear of obstructions

Resolved Question:

Do roads within a cemetery have to be kept clear of obstructions for benefit of Americans With Disabilities? Thank you, XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The Americans with Disabilities Act requires that all public facilities make reasonable accommodations for persons with disabilities. If the cemetery is open to the public, then they may be required to make reasonable accommodations. If there are items in the roads that prevent persons from disabilities from accessing the graves, it would likely be considered reasonable to move the obstructions out of the road.

If you were to file suit against the cemetery, they would be required to relocate the markers. If that road is the only means of access to certain areas of the cemetery, the cemetery also cannot close it, because that would prevent disabled persons from accessing a place that people without disabilities are permitted to go - and that's not allowed.

One thing that the ADA does is that it allows successful plaintiffs to recover their reasonable attorney's fees. That means that the best course of action is often to contact a local attorney who works in ADA cases for assistance. The lawyer may be able to go to the site to view it, then work with the cemetery to make accommodations. If necessary, he can take it to court. He can also work to recover his fees from the cemetery. You should be able to find a lawyer to take the case with an agreement that he is paid when the case is won.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20395
Experience: Lawyer
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