Rash of ADA Access Lawsuits Hit the Morena District

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Rash of ADA/Access Lawsuits Hits the Morena District

The Americans with Disabilities Act (ADA) passed in 1990. It was designed to improve access for the disabled into almost every business open to the public. New buildings are required to have barrier-free entryways, toilet facilities designed for wheelchair access, signs in Braille, low countertops, obstacle-free passageways, reserved parking, and numerous other features. Despite this, many in the disabled community complain that a majority of businesses have made no effort to comply with this 15-year old law.

Recently, a rash of lawsuits hit the Morena Business District, including Brick by Brick, Shuttermart, Abby Carpet, Tile Club, Lampshades Unlimited, Light Bulbs Unlimited, World Art, Coles Carpets and a number of others. All of the suits were filed by a disabled attorney, Theodore Pinnock. Pinnock is the attorney who recently demanded $200,000 from 67 shops in Julian and over $300,000 from a group of businesses in Alpine. One local Morena-area business settled directly with Pinnock for $10,000. Fortunately, other businesses have concluded their lawsuits for little or nothing.

San Diego County Citizens Against Lawsuit Abuse ("CALA") has tried to focus attention on California's costly decision to use a system of private lawsuits to change building standards. Ms. Andy Kotner, President of CALA says, "These lawsuits cost the average small business at least $20,000 in unproductive expense - legal fees, settlement payment, two experts, court costs, etc. Many of the smallest businesses in California are being sued, and they often have little left to make renovations after paying legal fees. It is no surprise that after 15 years and 14,000 lawsuits, California is only about 2% compliant. For what California has already spent on litigation, we could be nearly finished with our access compliance. Once again, legislators allow lawsuits to solve our problems in the costliest, most inefficient manner."

CALA says the problem is largely with California law, not the ADA, and they are circulating letters and petitions for immediate reform. If you are interested in contacting CALA, you may phone them at 619-295-6059 or go to their web site www.sdCALA.org.

Lawyers Against Lawsuit Abuse, APC, is a private law firm that has represented at least ten of the Morena District defendants. LALA questions the business practices of the attorneys filing these lawsuits. In Julian, LALA filed a countersuit against Pinnock, and was successful in significantly reducing the amount being sought by the plaintiffs. In another case, they cited a web posting by a Pinnock employee who indicated she receives a commission for successful lawsuits. Attorney David Warren Peters says, "These lawsuits are more profitable than narcotics. An experienced plaintiff can make $12,000 a day" Peters is CEO and General Counsel for the organization.

If you know of any unlawful or unethical acts involved in bringing these lawsuits, contact Peters at 619-275-5800 or by email to dpeters@ascervus.com.

The MBA plans to sponsor a seminar on ADA Lawsuits to expand awareness of the problem among local business and building owners, to provide tips on reducing exposure, and to inform businesses how to dealing with ADA lawsuits. Potential guest speakers are being contacted.

In the meantime, here are three valuable resources to help you avoid an ADA/access lawsuit. Peters has prepared The ADA "Top 40", a list of forty proactive things you can do to reduce the exposure and risk of an ADA lawsuit. Peters says the average small business can eliminate 90% of the risk of these lawsuits for less than $1,000 and an afternoon of work. We suggest that you download The ADA "Top 40" from his his web site www.LawyersAgainstLawsuitAbuse.com and get busy. You will find other valuable information there as well.

Another resource we found is an online tutorial, “Reaching Out To Customers With Disabilities”. It takes about 20 minutes You will find it by clicking http://www.usdoj.gov/crt/ada/reachingout/intro1.htm. It offers insight into how you can adapt your business to accommodate handicapped customers and employees.

We found specific information about ADA requirements (doorway openings, signage, bathrooms, wheelchair clearances, etc.), in a booklet we downloaded entitled “ADA Standards for Accessible Design” http://ada.gov/stdspdf.htm.

Attorney Peters cautions that State and Federal standards for disabled access conflict in some important respects and that just looking at the ADA standards is not enough. “Most of these lawsuits are being brought under California's antidiscrimination laws, with only minimal reference to ADA standards.” He suggests purchasing the book CALDAG 2003 by Michael Gibbens, and he suggests that you hire a highly experienced consultant through your attorney (to protect the consultant's work from disclosure). Says Peters: "14,000 businesses in California thought this law did not apply to them; if you haven't been sued yet, this is a golden opportunity to avoid it."