Overlawyered: Chronicling The High Cost Of Our Legal System

Posts Tagged ‘disabled rights’

ADA suits close another beloved eatery

Once again it’s happening in central California: “After more than 40 years in business, Roy’s Drive-In in Salinas is closing — in part because the owner can’t afford a lawsuit that accuses him of violating the Americans with Disabilities Act.” Jarek Molski of Woodland Hills in southern California, who uses a wheelchair, “is suing Patterson because he claims the restaurant is in violation of the Americans with Disabilities Act. Molski has sued over 200 small businesses for not meeting ADA requirements. …Built in the 1950s, Roy’s Drive-In does not have ramps to access the windows and restrooms, but employees say the business is accessible to all of their customers — including the disabled,” through car-hop service. The restaurant is scheduled to close today. (“Roy’s Drive-In Closing After 40 Years”, TheKSBWChannel.com, Sept. 20; Claudia Melendez, “Roy’s Drive-In to close”, Salinas Californian, Sept. 18). Last year (see Sept. 2, 2003) On Lock Sam, a beloved 105-year-old Chinese restaurant in Stockton, closed after being hit with an access suit.

Complainant Molski has been known to call himself “Sheriff”, and his activities (assisted by lawyer Thomas Frankovich) have caused an uproar lately in central California. His suits repeatedly recycle identical allegations concerning the lack of accessibility of establishments he says he has visited, and demand money over such putative misdeeds such as placing paper towel holders at an incorrect height. Hundreds of residents “filled the Morro Bay council chambers” after Molski hit a dozen local restaurants with suits. (Andrew Masuda, “Residents speak out over ADA lawsuits”, KSBY, Sept. 14). “Customers are calling Molski’s tactics a get-rich-quick scheme,” reported KSBY. Molski is “asking for $4,000 a day until the remodeling is completed,” says Ruth Florence, who owns Ahedo’s Mexican Restaurant in Grover Beach. “That’s ridiculous.” (Carina Corral, “China Bowl owner speaks out”, Sept. 15). More coverage on the same station: Sept. 8, Sept. 9, Sept. 10, Sept. 14.

Nor is Roy’s Drive-In the only casualty: “Owners of The Hungry Fisherman restaurant on Beach Street in Morro Bay say that Molski’s lawsuit caused the establishment to close after 28 years.” (Lindsay Christians, “Disability suits worry Morro Bay”, San Luis Obispo Tribune, Sept. 14). More coverage in the same paper: Sept. 11, Sept. 15, Sept. 15 again, Sept. 16, Sept. 18. San Diego-based lawyer Amy Vandeveld has also represented Molski (Matt Krasnowski, “Flood of ADA lawsuits irks small businesses”, Copley/San Diego Union-Tribune, Sept. 12). For Morse Mehrban’s recent activities in Fresno, see Jul. 9. For much more about disabled-rights filing mills, see Mar. 9 and links from there, and my City Journal article, “The ADA Shakedown Racket“. Update Dec. 12: judge declares Molski vexatious litigant.

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Disappearing swings, cont’d

In addition to liability and safety fears, the Americans with Disabilities Act turns out to play a role in the decline of swing sets at public playgrounds: it seems the least expensive way to make a swing set safer is to surround it with sand, but sand is considered a non-accessible surface for wheelchairs which makes it suspect under the ADA. (Scott Simonson, “Safety rules retiring playground standby”, Arizona Daily Star, Sept. 7). See Mar. 28, Aug. 23, etc.

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HIV-positive man sues Dallas Observer

“Joe Doe”, the HIV+ plaintiff in a Texas state lawsuit, is a member of the choral group “Positive Voices”–which has produced a CD with his photo and his real name. Nevertheless, when the alternative weekly Dallas Observer also identified “Doe” as HIV+ in passing in a larger December 4 story about a gay congregation titled “Fallen Angel,” “Doe” sued. The suit doesn’t allege that the Observer got its facts wrong, but argues that the story violates a Texas law prohibiting the disclosure of “medical test results,” with a fine of up to $10,000 for each disclosure. Since the Observer has circulation of 110,000, “Doe” figures he’s entitled to over a billion dollars. The story, including “Doe’s” name, remains on the paper’s web site, and the paper has filed a motion for summary judgment on First Amendment grounds as well as arguing that the broadly-drafted statute shouldn’t be construed to encompass journalists. (Miriam Rozen, “Billion-Dollar HIV Suit Raises First Amendment Issues”, Texas Lawyer, Sep. 2; David Webb, “Dallas Observer fights lawsuit claiming wrongful HIV disclosure”, Dallas Voice, undated). More medical privacy madness: Jan. 21 and links therein; more Dallas Observer litigation Aug. 24 and Mar. 23, 2000.

Update: Case thrown out in January 2006.

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Update: Supreme Court ducks ADA stadium-seating issue

Despite a split between circuits on the issue, the U.S. Supreme Court has declined to resolve “whether disabled moviegoers must be given better seats than the front-row accommodations they’re provided in many new stadium-seating theaters. … Instead, at the urging of the Bush administration, they left undisturbed rulings against two theater companies while the government reviews its guidelines for movie theater owners.” (Gina Holland, “Court Dodges Fight Over Disabled Seating”, AP/WTOP, Jun. 28; “Supreme Court decision lets disabled sit away from the picture”, KATU, Jul. 1; “Beyond the letter of the ADA” (editorial), The Oregonian, Jul. 3; Christine M. Garton, “Disabled Moviegoers Fight Stadium Seating”, Legal Times, Jun. 24). For more on the controversy, see Nov. 11 and links from there.

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“Aspiring doctors with learning disabilities file bias suit”

“Would-be California medical students with learning disabilities filed a discrimination suit Monday saying their prospects of becoming doctors are being thwarted because they aren’t given enough time on the medical school entrance exam.” Disability Rights Advocates in Oakland is backing the suit, which demands extra time and a distraction-free setting. (Bob Egelko, San Francisco Chronicle, Jul. 20). For more on the war on entrance exams and other educational admission standards, see Nov. 13 and links from there. More: RightRainbow. (& letter to the editor, Jul. 26)

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Morse Mehrban hits Fresno

The self-described “bounty hunter” lawyer, whose exploits around L.A. have been previously detailed in this space Nov. 4-5, 2002 and Mar. 12 of this year, has turned his talents to disabled-rights enforcement and swooped down on the city of Fresno, filing more than 130 lawsuits against local businesses over such alleged infractions as a too-high bathroom mirror and a hard-to-reach soda dispenser. Businesses usually pay between $5,000 and $12,000 to settle, says San Diego defense attorney James Reynolds. (Robert Rodriguez, “Fresno Businesses Are Sued Over Act”, Fresno Bee, Jul. 4) (via Southern California Law Blog). For more on ADA filing mills, see Mar. 9 and links from there and my City Journal article, “The ADA Shakedown Racket“.

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Court: States not immune to ADA damage claims

“The Supreme Court upheld the right of disabled people to sue state governments that fail to provide ramps, elevators or other forms of access to their courthouses yesterday — a clear but limited victory for the disability rights movement that blunts a trend at the court in favor of states’ rights.” The case of Tennessee v. Lane split the Court 5-4, with Sandra Day O’Connor swinging over to join the liberal wing. (Charles Lane, “Disabled Win Right to Sue States Over Court Access “, Washington Post, May 18)(opinion). Public radio’s “Marketplace” business show interviewed me about the case Monday afternoon in a segment that can be heard online (May 17, audio clip — first item in broadcast). More: Brian Doherty at Reason discusses the case (“A Nation of Vague Laws”, May 20) and makes kind mention of our work. Even more: see Marcia Coyle, “Watching Out for ‘Lane’ Changes”, National Law Journal, May 28.

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“Shouldn’t have been allowed on” roller coaster

“A 55-year-old man who died after falling out of a roller coaster shouldn’t have been allowed on the ride because he was heavy and had cerebral palsy, his mother said Sunday.” (“Family Says Man Shouldn’t Have Been On Ride”, NBC30.com, May 2). “Park officials said Mr. [Stanley J.] Mordarsky was able to board the roller coaster by himself, according to broadcast reports on Sunday. The park, under the federal Americans With Disabilities Act, must allow disabled people on rides if they can get in the rides by themselves, the officials said.” (“Man Dies After Fall From Roller Coaster”, AP/New York Times, May 3). (More: Boston Globe). For other instances in which amusement park patrons may have been killed by their rights, see Oct. 29, 2001 (obesity) and Aug. 31, 1999 (mental retardation).

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Insensitivity sought; win cash prizes

The province of Nova Scotia “is offering cash prizes to people who spot ‘offensive’ language in newspaper and magazine articles related to mental health and suicide. Readers who pick out inappropriate language will be entered into a draw for prizes worth up to $2,000. Included on the list of are such words and phrases as ‘basket-case, cracked-up, crazed, demented, fruitcake, kooky, loony, lost their marbles, lunatic, madman, maniac, nutcase, and schizo.'” (“Nova Scotia urges media to watch its language”, CTV, Mar. 7; “Are these guys nuts?” (editorial), National Post, Mar. 4; “Here’s an idea that really is nuts” (editorial), Montreal Gazette, Mar. 5; Mark Steyn, “Beware of the fruitcakes in government”, Daily Telegraph, Mar. 9)(via Tongue Tied).

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Chicago’s ADA filing mill

After South Florida, California and Philadelphia, Chicago’s time was bound to come: a lawyer/complainant team has tagged some 175 businesses, mostly in the Lincoln Park area, with charges of lack of disabled accessibility. Previously, complaints in the city had been running at about 30 annually. “They’re settling for cash,” said David Hanson, commissioner of the Mayor’s Office for People with Disabilities: $100 for Stuart L. Smith and $485 for Alan J. Morgan, his lawyer, plus minor upgrades to store entrances and the like. Steve Starr, owner of a jewelry and antique shop, says he has spent thousands in legal fees fighting one of the complaints. (John Schmeltzer, “Disability lawsuits rile North Side businesses”, Chicago Tribune, Mar. 7).

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