Affidavit of Qualification for Michael H. Brennan

Brennan Consulting Inc.
An Americans with Disabilities Act
(ADA) Facilities Compliance Company

Michael Brennan M.A., Principal

ADA Consultant

7955 Biscayne Point Circle

Miami Beach, Florida 33141

Phone (305) 864-7070 Fax (305) 864-4140

Email: adaexpert@gmail.com

           adaexpert.mysite.com

Affidavit of Qualification for Michael H. Brennan

Before me, the undersigned authority, personally appeared, Michael H. Brennan, M.A., who upon being duly sworn deposes and says as follows:

1. I am competent to testify and have personal knowledge of all matters stated herein. If called to testify before that Court your affiant's testimony would be identical to the contents of this affidavit.

2. I am a Masters level Vocational Rehabilitation Counselor, who graduated from the University of South Florida in 1978. I have worked professionally in that capacity for 23 years. I worked as a Mental Health Counselor, licensed by the State of Florida from 1982 until 2001. I worked as a nationally Certified Rehabilitation Counselor from 10/1991-11/2001. I worked as a nationally Certified Case Manager since 1993-11/2001. I worked as a Rehabilitation Service Provider licensed in the State of Florida from 1989 to 1994. I am a Provider through Blue Cross Blue Shield of Florida since 1991. I worked as a Vocational Expert with the Social Security Administration since 1989. I had been a continuing education unit provider through the State of Florida Department of Insurance, Workers' Compensation Claims Professional in 1993.

LICENSURE: Mental Health Counselor

State of Florida #0000237 1982-2001

Rehabilitation Services Provider

State of Florida #00001937

Certified Rehabilitation Counselor (CRC) #26296 10/91-9/01

Certified Case Manager (CCM) #01187 10/91-9/01

Blue Cross Blue Shield of Fla. Z5107

Department of Insurance Workers' Compensation Claims Professional - CEU provider #CE 18338-810-001-004

DPR CEU Provider #CM 392-95

3. Fourteen judges and six magistrates in four districts in three States have accepted Mr. Brennan as an expert, nineteen Judges or Magistrates as to rate.

Testimony has been given in six Trials in three districts. More than one hundred eighty two defendants have stipulated to the expertise and fee schedule:

Cases Court Testimony:

I. 97-2906-CIV-KING/GARBER, ADA et al. Vs. Authentic Fitness Retail, Inc. et al., accepts as expert and awards fees as reasonable on 3/29/99.

II. 97-10112-CIV-King & 97-10114-CIV-King, ADA et al. Vs. Holiday Isle Resort & Marina, Inc., d/b/a Holiday Isle Resort Hotel, accepts as expert and affirms fees and costs at $185.00 as reasonable ordering payment of total billing.

III. 97-3672-CIV-King, ADA, et al. Vs. Club in the Grove d.b.a. Tigertail Lounge, 12/11/98. Judge King accepts as expert and affirms fees and costs at $185.00 as reasonable.

IV. 97-0132-CIV-Hoovler, ADA et al. Vs. Joel Sussman d.b.a. (Sherry Frontanac), Judge Hoovler accepts as expert and affirms fees and costs at $185.00 as reasonable, ordering total billing.

V. 97-133-CIV-Highsmith by Magistrate Turnoff & confirmed by District Judge Highsmith. ADA et al. Vs. North Beach Hotel d.b.a. (Best Western 4100 Collins). Judge Highsmith accepts as expert and confirmed fees and costs at $185.00 as reasonable.

VI. 97-0464-CIV-Davis, Association for Disabled Americans, Inc., et al. Vs. Charles Bernard Ltd. (Best Western Sunny Isles) United States District Court for the Southern District of Florida, wherein District Judge Davis accepts as expert and awards fees and costs at $185.00 as reasonable.

VII. 96-1826-CIV-Ferguson, Association for Disabled Americans v.1775 Hotel Corp., d/b/a Florida Hotel Corporation. Magistrate Judge Stephen T. Brown on August 6, 1998 as expert and affirms fees and costs at $185.00 as reasonable.

VIII. No 1:95-CV-332, in the Eastern District of Tennessee, Smith v Wal-Mart., Judge Allan Edgar, on 3/1/00 Judge accepts as expert for testimony in jury trial.

IX. No. 98-1199cv-18-B, Middle District of Florida, Judge Baker accepts as expert, Assoc. for Disabled v. Red Roof Inns, Inc., Vs. Red Roof Inns, 8/16/00

X. 98-6020-cv-Dimitrouleas, Southern District of Florida, J.A. Bahama Hotel, approving and adopting Magistrate Judge Lurana S. Snow, 7/14/98 accepting as expert awarding $185 rate and all time actually incurred.

XI. 6:98cv01284-cv- Magistrate Judge Karla R. Spaulding, Middle District of Florida, Assoc. for Disabled v. Orlando Hawaiian, accepting as expert awarding $185 rate, 6/26/02.

XII. No. 99-CV-580-Judge Adalberto Jordan, Association Disabled Americans, et al v. Texaco, Inc., et al 4/23/01, accepts as expert and awards fees and costs at $185.00 as reasonable.

XIII. 99-1058-CIV-Highsmith, Association for Disabled Americans, Inc. Vs. Concorde Gaming Corporation and Goldcoast Entertainment Cruises, Inc. d/b/a Casino Princesa. Judge Highsmith on July 31, 2001.

XIV. Case No. 3-01CV0230-H, Northern District of Texas, Association for Disabled Americans, Inc., et al. Vs 7-Eleven, Inc., Judge Sanders accepts as expert on 12/17/01.

XV. Case No. 1:99cv03337-Magistrate Robert Dube, Southern District of Florida, Association for Disabled v. CIC Investors #60, Flanagan's Surfside, affirms as expert, fees and costs at $185.00.

XVI. 99-CV-345-Judge John E. Steele, Middle District of Florida (Ft. Myers), Assoc. Disabled, et al v. HRS Hotels d/b/a Budget Inn, accepts as expert awarding $185 rate, 12/14/00.

XVII. 1:99-cv-01058-Highsmith, Southern District of Florida, Association For v. Concorde Gaming, approving and adopting Magistrate Barry L. Garber, accepting as expert awarding $185 rate, 9/30/02.

XVIII. Case No. 00-4920-Civ-Huck/Brown, Southern District of Florida, Denny Wood Vs. Hooligan’s Pub & Lobster House, Ltd., January 7, 2002.

XIX. Case No. 00-7381-CIV-Moreno, Southern District of Florida, Coral Springs Advocacy Committee, et al. Vs Saul Strachman d/b/a Gardens Mall, July 22, 2002.

XX. 01-2603-CIV-King/O’Sullivan, Southern District of Florida, Association for Disabled Americans, Inc., et al. v. Bird Bowl, accepting as expert awarding $185 rate and all time actually incurred.

XXI. Case No. 03-10061-CV-KING/O’SULLIVAN, Court Testimony, Evidentiary Hearing, Southern District of Florida, Magistrate O’Sullivan, 4/18/05, Association for Disabled Americans vs.Cecil Allf and Knabe.

XXII. Court Testimony, TRIAL, Case No. 04-10081-CIV-KING, Southern District, Assoc. Dis. Amer., Inc., et al v. Key Largo Bay Beach LLC, ET AL, 5/31/05-6/3/05 and 6/6/05.

XXIII. CASE NO. 98-917-CIV-HOEVELER, Court Testimony, Fairness Hearing, Southern District of Florida, ASSOCIATION FOR DISABLED AMERICANS, INC., et al., Vs. PUBLIX SUPER MARKETS, INC., July 22, 2005.

XXIV. Court Testimony, Testimony, PRELIMINARY INJUNCTION PROCEEDINGS, Case No. 08-10006-CIV-KING, Southern District, Assoc. Dis. Amer., Inc., et al v. BIMINI BAY LANDING, LLC, ANDREA BENATTI, and KEY WEST TREASURE EXHIBIT, April 14, 2008.

4. Sworn Testimony in Federal Court AND Depositions taken in the following cases:

1. Deposed, Orthopedic Care Center, 1:95cv02704, Florida Paraplegic v. Security National, 8/14/96
2. Court Testimony, Ocean Terrace Hotel, 1:95cv02469, Florida Paraplegic v. Strawderman, 6/6/98, Deposed, 5/15/98

3. Court Testimony, Astor Hotel, 1:95cv02101, Association Disabled v. Astor Washington, 2/99

4. Court Testimony, Raleigh Hotel, 1:96cv01826, Association Disabled v. 1775 Hotel Corp., 04/99

5. Court Testimony, Speedo, 1:97cv02906, Assoc. for Disabled v. Authentic Fitness 06/99

6. Court Testimony, Rodney Hotel, 1:97cv00290, Disabled Americans v. Nanco, Inc., 01/99

7. Court Testimony, Tigertail Lounge, 1:97cv03672, Association For v. Tigertail Lounge, 11/98

8. Deposed, Red Roof Inns, 98-1199cv-18-B, Assoc. for Disabled v. Red Roof Inns, Inc. 12/99

9. Court Testimony, TRIAL, Smith v Wal-Mart No. 1:95-CV-332, Jury Trial in the Eastern District of Tennessee, District Judge Allan Edgar, 3/1/00

10. Court Testimony, Red Roof Inns, 98-1199cv-18-B, Assoc. for Disabled v. Red Roof Inns, Inc., 8/16/00

11. Deposed, Florida International University, 99-3513-CIV-Jordan, 12/6/00

12. Deposed, City of Orlando, d/b/a Bob Carr Performing Arts Centre and Orlando Arena, 6:99-cv-1605-Orl-22A, Out of Desperation, Assoc. for Disabled, Kellieann Wallen, Storm Burn, Christopher Whitley, Michael Whitely, Daniel Ruiz, & George Rodriguez v. City of Orlando, 1/11/01

13. Deposed, Embassy Suites Downtown Indianapolis, IP00-0344-C-T/G, Association for Disabled Americans vs. Claypool Holdings, L.L.C., 3/19/01

14. Deposed, Assoc. for Disabled v. Palmetto Holdings, d/b/a Howard Johnson Hotel, 97-1314-CIV-Moreno/Magistrate Dube, 5/16/01

15. Court Testimony, TRIAL, City of Orlando, d/b/a Bob Carr Performing Arts Centre and Orlando Arena, 6:99-cv-1605-Orl-22A, Out of Desperation, Assoc. for Disabled, Kellieann Wallen, Storm Burn, Christopher Whitley, Michael Whitely, Daniel Ruiz, & George Rodriguez v. City of Orlando, 6/25/01 & 6/26/01.

16. Court Testimony, TRIAL, Association for Disabled Americans, Inc. Vs. Concorde Gaming Corporation and Goldcoast Entertainment Cruises, Inc. d/b/a Casino Princesa. 99-1058-CIV-Highsmith, 7/31/01 & 8/1/01.

17. Court Testimony, Association for Disabled Americans, Inc. Vs. 7-Eleven, Case No. 3-01CV0230-H, Fairness Hearing 12/17/01.

18. Court Testimony, TRIAL, Denny Wood Vs. Hooligan’s Pub & Lobster House, Ltd., Case No. 00-4920-Civ-Huck/Brown, Southern District of Florida, January 7, 2002

19. Deposed, Daniel Ruiz Vs. Ocean Drive Associates, Ltd., Case No. 00-01245 CA 2, 1/21/02

20. Deposed, Coral Springs Advocacy Committee, Inc., Robert Cohen, Patricia Kennedy Vs. Saul Strauchman, d/b/a Gardens Mall, Case No. 00-7381-CIV-Moreno, 3/5/02 and 3/18/02.

21. Deposed, Rivera and Garon Vs. Broward County, Case No. 01-6605-Civ-Lennard, 4/4/02.

22. Court Testimony, TRIAL, Case No. 00-7381-CIV-Moreno, Coral Springs Advocacy Committee, et al. Vs Saul Strachman d/b/a Gardens Mall, July 22, 2002.

23. Court Testimony, Association for Disabled Americans Inc. Vs. LEHILL d/b/a The Registry Resort, CASE NO. 2:00-cv-320-FTM-29DNF, Middle District of Florida, Fort Meyers Division, Magistrate Frazier, 9/3/02.

24. Deposed, Denny Wood vs. Motiva Enterprises, LLC d/b/a Texaco, Case No. 00-3870-CIV-Moreno, Southern District, 3/10/03.

25. Deposed, Cozart vs. Pelham Motel, Ramada Franchise Ltd., Case No. CV 02-1988, Jefferson County, Alabama, 6/11/03

26. Deposed, Association for Disabled Americans Inc. Vs. 2222 Ponce Corp., MLG Partners., et al., Case No. 03-22007-Cv-Ungaro Benages, Southern District, 3/26/04.

27. Case No. 03-10061-CV-KING/O’SULLIVAN, Court Testimony, Evidentiary Hearing, Southern District of Florida, Magistrate O’Sullivan, 4/18/05, Association for Disabled Americans vs. Cecil Allf and Knabe.

28. Deposed, Case No. 05-100021 Association for Disabled Americans Inc. Vs. Inter-Ocean Holdings Inc. d/b/a Marquesa Hotel and Café Civ-King.

29. Court Testimony, TRIAL, Case No. 04-10081-CIV-KING, Southern District, Assoc. Dis. Amer., Inc., et al v. Key Largo Bay Beach LLC, ET AL, 5/31/05-6/3/05 and 6/6/05.

30. Case No. 98-917-CIV-HOEVELER, Court Testimony, Fairness Hearing, Southern District of Florida, ASSOCIATION FOR DISABLED AMERICANS, INC., et al., Vs. PUBLIX SUPER MARKETS, INC., July 22, 2005.

31. Deposed, CASE NO. 04-13331 CA 02, Brennan Consulting Inc., v. William Charouhis, P.A. and William Charouhis, 11/18/05.

32. Court Testimony, Testimony, PRELIMINARY INJUNCTION PROCEEDINGS, Case No. 08-10006-CIV-KING, Southern District, Assoc. Dis. Amer., Inc., et al v. BIMINI BAY LANDING, LLC, ANDREA BENATTI, and KEY WEST TREASURE EXHIBIT, April 14, 2008.

5. In May 2003, the Board of County Commissioners for Monroe County unanimously approved the hiring of Mr. Brennan as an ADA consultant for the Florida Keys Council for People with Disabilities for Monroe County to be used by the Disability Council.

6. As the independent consultant and attorneys’ expert on accessibility I assisted in the negotiation of specific ADA related access issues facilitating settlements for both private clients and through civil actions, totaling over 493 ADA cases, to date. These cases include:

Seven filed as class ACTIONS. They are Publix, Amoco, 7-Eleven, Regal Cinemas, Texaco and Mobil & Muvico Theaters. Publix, Amoco and 7-Eleven have accepted the class.

Amoco Oil, BP Exploration & Oil, and Atlantic Richfield as a result of the settlement will ultimately bring approximately 4000 stations and markets across the United States into compliance as a result of the class action Consent Decree.

Publix Super Markets as a result of the settlement will improve disabled access at its 857 stores and pay up to $260,000 to settle a 7-year-old federal class-action lawsuit. Publix has up to six years to implement the terms of the settlement agreement, which the company's lawyers estimate will involve millions of dollars in remodeling. Brennan Consulting Inc., currently serves as Plaintiffs’ Expert throughout the terms of the Consent Decree.

Seventeen cases have been Title II. All are settled.

1. City of Miami Beach
2. Town of Surfside
3. Miami Shores Village
4. Miami-Dade Community College
5. County of Miami-Dade
6. State of Florida, Department Of Transportation
7. Miami-Dade County Public School Board
8. City of Plantation
9. Jackson Memorial Hospital Public Health Trust
10. City of Homestead
11. City of Key West
12. City of Orlando
13. City of Miami
14. City of Boca Raton
15. City of Sarasota
16. Pennekamp State Park
17. Broward County

7. In addition to my formal training in Rehabilitation and Vocational Counseling, I also attended or participated in the following seminars:

I. "The Americans With Disabilities Act in Florida; Complying With And Litigating Under The Act" presented by the Professional Education Systems, Inc., on October 15, 1992;

II. "ADA & it's Effects on Workers' Compensation” on July 14, 1994 presented by the Florida Association of Rehabilitation in the Private Sector FAARPS);

III. "Understanding how to comply with the Americans With Disabilities Act ADA in New, Existing and Historic Buildings and Places of Public Accommodation and Commercial Facilities", presented by the Miami Beach Development Corporation Ocean Drive Association on June 15, 1994;

IV. “Action Plan for Advancing Barrier Free Accessibility in Structures Within the City’s Historic Districts and Elsewhere”, presented by the City of Miami Beach Planning, Design & Historic Preservation Division, presenter Larry Schneider, past Chair Florida Waiver Board, September 24, 1997.

V. “Regulatory Negations Committee on Accessibility Guidelines for Outdoor Developed Areas”, January 19-22, 1999 presented by U.S. Architectural and Transportation Barriers Compliance Board

VI. “Passenger Vessel Access Advisory Committee recommendations to the U.S. Architectural and Transportation Barriers Compliance Board” on accessibility guidelines for passenger vessels November 17, 2000, Miami Beach, Florida that will supplement the Board’s ADA Accessibility Guidelines for Transportation Vehicles.

VII. AIA / Access Board Accessibility Guidelines Education Course 12 credits for Judicial, Legislative and Regulatory Facilities, Detention and Correctional Facilities, Building Elements Designed for Children's Use 11/2000

VIII. Professional Education Systems, Inc., Georgia Tech Professional Education, ARCH-223 “ADA Basic Building Blocks”, 10 contact hours, 1 CEU, Feb 02,2004.

IX. National Association of ADA Coordinators Training Conference, March 6-9, 2006. Miami, Florida.

X. Multi-Family Housing Access Forum, presented by the Department of Justice Civil Rights Division, November 29, 2007.

XI. ADA Title II Tutorial on the requirements applicable to State and Local government under Title II of the Americans with Disabilities Act (ADA), University College at Syracuse University, 3 CEUs, July 01, 2008.

XII. At Your Service: Welcoming Customers with Disabilities DBTAC National Network of ADA Centers, University College at Syracuse University, 5 CEUs, July 02, 2008.

XIII. Providing Wheelchair Accessibility to Stages, American Institute of Architects, AIA, 1 CEU, July 6, 2008.

XIV. Courtroom Wheelchair Accessibility, American Institute of Architects, AIA, 1 CEU, July 6, 2008.

8. Presenter, 9/20/06, Florida International University, Course, Inclusive Recreation Services "Universal Design and the ADA", Miami, Florida.

9. Presenter 1/5/05 Florida Keys Council for People with Disabilities, 3 ½ Hour PowerPoint Training Seminar, The Americans with Disabilities Act, (ADA) Lawsuits-Causes, Prevention and Management.

10. Speaker 3/3/01 Abilities Expo, Miami Beach, How the ADA can work for you.

11. Speaker National Federation of the Blind, Understanding the ADA, 5/16/03

12. Speaker Miami-Dade Commission on Disabilities Issues, “Be a Part of the Solution” Conference 7/11/

13. I served as Chairperson unopposed, Commission on Disability Issues (CODI) 1996-1999, an appointed commission by the County Commissioners made by former Senator, now Commissioner Gwen Margolis, elected by acclamation and resigned 3/99(Conflict, County sued). I served as vice chairperson from 1993-1996. I served on the access committee those six years as committee chair.

I served on the County Performing Arts Center, Tri-County Rail, Florida Department of Transportation busway extension, Miami Heat Arena, and membership sub-committees.

14. Vice-Chairman, unopposed, Commission for the Advancement of the Physically Handicapped (CAPH) 1986-1992.

I also served as co-chair for the access, membership and transportation committee. In that capacity, I made recommendations to Viszcaya Museum, Bayside Amphitheater, Tri-County Rail, and many other smaller entities.

I have worked with the following organizations:

1) Association for DisAbled Americans (ADA) Incorporated (National)

2) Florida Paraplegic Association (FPA)(State)

3) Alliance for ADA Compliance, Inc. (State)

4) Coral Springs Advocacy Committee for the Disabled, (State)

5) Out of Desperation Inc. Orlando

6) Manasota Post Polio Support Group, Sarasota

7) Deaf Advocates of Miami-Dade County (County)

8) Center for Independent Living Action Disability Advocates, Inc., Daytona

The following is a listing of cases where sworn testimony, depositions, assessments or reports have been conducted:

Private Clients

1. Alvis & Willingham, AL

· Cozart v. Ramada

2. Bender Architect & Assoc.

· Tennessee Williams Theater, Fla. Keys Commun. College

· Albury Court

3. Bethel Beach Club, Miami Beach

4. Broad & Cassel

· Cutler Square

5. Cobb & Cole Daytona

I. Desert Inn Hotel

II. El Caribe Hotel

III. Grande Prix Hotel

IV. Boardwalk Inn

V. Treasure Island Hotel

VI. Ocean Resorts

VII. Plaza Resort and Spa

VIII. Best Western

IX. Days Inn

X. Treasure Island

XI. Beachcomber

XII. Daytona Speed-way

6. Aragon, Burlington, Weil & Crockett, P.A.

· Holiday Strip Plaza

7. Bickel & Brewer

· Blue Diamond Condominium FHA

8. Brumer & Kaufman P.A.,

· Park Central Hotel

9. Constellation Shopping Center

10. Cole, Scott & Kissane

· Seaview Hotel

11. Cooper City Plaza, Linet Trust

12. Cordozo Hotel, Miami Beach

13. Dalfen America Corporation

I. InterAmerican, Miami

II. Terra-Cotta Business Plaza, Orlando

III. Fountain Oaks Business Center, Tampa

IV. Boynton Commerce Center, Boynton Beach

V. Corporate Forum, Atlanta

VI. Melbourne

VII. The Cascades, Ocala

VIII. Sunshine Shopping Plaza, Lehigh Acres

IX. Bay Bridge Plaza, Clearwater

X. Parker Court Business Center, Stone Mountain Georgia

14. Dave & Busters, USA

15. Dimension Parking, Miami

16. European Advisors Inc., Lord Balfour Hotel

17. Fantasy Inn Hotel

18. Fortress Security, Miami

19. Fowler, White, Burnett, Hurley, Banick & Strickland,

I. Southland Shopping Center

II. Florida Sunrise

III. 163^rd St. Mall

IV. Lidece Real Estate

V. Taco Bell Biscayne Blvd.

VI. Taco Bell WPB

VII. Taco Bell Davie

VIII. Circle K Ft. Myers

20. Glanker Brown

· Grodi v. Gold Coast Casino

21. General Practitioner Association, Dr. Lazar PA, Hollywood

22. Hall Law Firm, Houston, TX

· Case #2007-22019, Hargrove, et al. v. Boxer Property Management

23. Hinshaw Colbertson LLP

· Sherwin Williams

24. H