Facts

In December 2006, plaintiff Eula Kolb settled with defendant William Paul Turner, owner of McCarty's Copper Inn, with the agreement that he would make his establishment ADA-compliant. In February 2007, Turner posted a sign at the Inn which stated that due to Kolb's lawsuit, the bathroom was closed until April 15, 2007, in order to become ADA-compliant. After an ADA-compliant portable toilet was brought to the site, the sign was replaced with one stating that due to Kolb's lawsuit, the portable restroom was the only one available. Both the signs specifically named Kolb.

PLAINTIFF'S CONTENTIONS:
Kolb contended that the signs were in retaliation for her ADA claim, which was prohibited.

DEFENDANT'S CONTENTIONS:
Turner denied the allegations.

Settlement Discussions

Kolb demanded $27,000, which was countered with a $5,000 offer from Turner.

Damages

Kolb sought statutory damages and an injunction.

Result

The court held in favor of Turner and found that there was no evidence of an adverse action under the ADA.