Only in Amerikah!

[USVirgin]

(Sorry, I couldn't resist adding yet another America-centric thread.)

 

Disabled asshole makes excellent income by extorting business via frivolous lawsuits over code violations.

 

Suits by disabled raise questions on litigation law

 

A Senate bill was supposed to reduce inappropriate claims under the Americans With Disabilities Act, but some small businesses faced with litigation say reforms are needed.

 

It didn't take long to figure out why a man in a wheelchair had been snapping photographs of the aisles, counters, shelves and bathrooms inside eateries and watering holes in a fashionable eastern Long Beach enclave.

 

On June 30, Powell's Sweet Shoppe; Open Sesame, a Lebanese restaurant; and Panama Joe's Grill & Cantina were served with lawsuits on behalf of Eric Moran alleging that they were in violation of the Americans With Disabilities Act. The violations, each of which could cost a minimum $4,000 in damages, ranged from lacking a restroom grab bar to a restaurant chair out in an aisle.

 

About a week later, each received an identical letter from Moran's Los Angeles attorneys, Miguel Custodio Jr. and Vineet Dubey, seeking an out-of-court settlement of $9,000. "We have photographic evidence of these violations," the letter said. "We will prevail if this case goes to trial."

 

Moran has filed at least 27 such lawsuits since June. Hundreds more have been filed by a relatively small number of attorneys throughout California.

 

Custodio and Dubey declined to discuss individual cases. As for critics, Dubey said, [color:red]"They can call it fraud or extortion. They can whine and cry. But I'm going to win these cases."

[/color]

full rink

[Bangkoktraveler]

This is more common then you might think. If the businesses were up to code, this would not have happen. If the code enforcement people were doing their job, the city would be getting the revenue instead of an individual.

[USVirgin]

Maybe so, but we're talking about 100s of complaints filed by a handful of assholes, mostly for piddly shit. A chair obstructing an aisle? The prick could have put it there himself.

 

The sweet shop in the article is two years old, and the bar was completely remodeled two years ago (I know these things :hubba: ). Hard to believe they'd be far off code.

 

Long Beach attorney Roland R. Salameh, who is representing Powell's Sweet Shoppe, said: "What these guys are doing smells like predatory ambulance chasing, [color:red]and that is unethical and not allowed by the bar.[/color]"

 

It would be nice if he could prove this, but I'm not holding my breath.

[Bangkoktraveler]

Maybe so, but we're talking about 100s of complaints filed by a handful of assholes, mostly for piddly shit. A chair obstructing an aisle? The prick could have put it there himself.

 

The sweet shop in the article is two years old, and the bar was completely remodeled two years ago (I know these things :hubba: ). Hard to believe they'd be far off code.

 

Long Beach attorney Roland R. Salameh, who is representing Powell's Sweet Shoppe, said: "What these guys are doing smells like predatory ambulance chasing, [color:red]and that is unethical and not allowed by the bar.[/color]"

 

It would be nice if he could prove this, but I'm not holding my breath.

 

 

The zoning offcers are suppose to make sure businesses ar in compliance, but they don't.

 

Buissnesses are suppose to get an Occupancy Permit but in many cases, they don't.

 

Nobody enforces these laws so all that is left is to file a suit - stupid way of doing things. Once a person sees how much money they can make, they go for the money.

 

 

 

[Steve]

One of my main Brit hangouts to watch soccer, the Cock and Bull in Santa Monica was hit by one of these guys. I thought the place looked wheelchair accessable although the bathroom would be a tight fit.

 

The pub was struggling financially as it is. To be fair I only got one side of the story but what I was told and what I saw, I thought it was very, very petty. In any business stores try to be accomodating to the physically impaired. Its not about regulations but the 'human' thing to do. A customer if not a store clerk gladly gets things off a top shelf or whatever. The impaired know this. I've seen it. If I were impaired I would be angry at these guys. Their actions, legal perhaps, are frivilous by society standards based on how much we all as a people try and help them and accomodate them.

 

These guys alienate the impaired from society and makes us unsympathetic. You have no idea how much anger I have when I see Rev Al or Jesse file frivilous, extortionary lawsuits. I feel tainted by the animosity that these acts generate. I would probably feel the same were I physically impaired.

[USVirgin]

I know what you're saying, but I hope the handicapped (is that word still pc?) don't feel maligned or marginalized, because these few are clearly taking the piss.

 

I used to frequent a bar near CSULB and the VA. Eclectic mix of students and wheelchair guys, for whom a section of the bar even folded down to a proper height. The owner was very cool to those guys, one of them was his webmaster (and did a real shitty job:-). Seemed to me all they require is reasonable accommodation so they can go about their business without asking for special treatment - not too much to ask. One of them had a nasty demeanor, though, I learned quickly to not so much as hold a door open for him, otherwise I'd get barked at.

 

Sorry to hear about the Cock n Bull. Used to watch games there with my dad (years ago) when my sister lived around the corner on Pier. The owners seemed nice enough.

[Bangkoktraveler]

One of my main Brit hangouts to watch soccer, the Cock and Bull in Santa Monica was hit by one of these guys. I thought the place looked wheelchair accessable although the bathroom would be a tight fit.

 

The pub was struggling financially as it is. To be fair I only got one side of the story but what I was told and what I saw, I thought it was very, very petty. In any business stores try to be accomodating to the physically impaired. Its not about regulations but the 'human' thing to do. A customer if not a store clerk gladly gets things off a top shelf or whatever. The impaired know this. I've seen it. If I were impaired I would be angry at these guys. Their actions, legal perhaps, are frivilous by society standards based on how much we all as a people try and help them and accomodate them.

 

[color:red]These guys alienate the impaired from society and makes us unsympathetic.[/color] You have no idea how much anger I have when I see Rev Al or Jesse file frivilous, extortionary lawsuits. I feel tainted by the animosity that these acts generate. I would probably feel the same were I physically impaired.

 

 

One time I went to a court to file a judgement against an individual who owed me money. The clerk at the court was an 'old hag' who acted the role. After returning to the court for the 3rd time, I told her [color:red]"I have said before please tell me exactly what I need to file the judgement... I just can't keep coming back."[/color] She reached down an pushed a button that summoned the cops. When the cop arrive, I told her and the cop what they did was wrong and they would hear about it.

 

The Justice Department in Washington handled the case. The court was on the second floor. Their was an elevator in the building but the sign said it was for [color:red]"Police Use Only".[/color] Therefore I had to use the stairs. I was on crutches. The [color:red]'Old Hag'[/color] made me go up and down the stairs way too many times. All she had to do was tell me the first time exactly what I needed to bring to the court instead of busting my balls. Her calling the cops did not help matters neither.

 

The Justice Department had a Field Day with these people.

 

From what I have seen, the real [color:red]'enemy'[/color] is lazy governemnt employees, especially Code Officers who get paid but forget to do their job.

 

 

The American Disability Act is an okay Act but is rarely enforced. As an example, how many times do you see cars without handicap plates or placard parked in a handicap space and nothing is done about it? What is even more pathetic is when you point the issue out to a cop and they refuse to do anything about it.

[TheCorinthian]

 

The zoning offcers are suppose to make sure businesses ar in compliance, but they don't.

 

Buissnesses are suppose to get an Occupancy Permit but in many cases, they don't.

 

Nobody enforces these laws so all that is left is to file a suit - stupid way of doing things. Once a person sees how much money they can make, they go for the money.

 

 

 

They sure enforce them in NC and SC. I should know. I've owned two. Sheezzzz!

[Flashermac]

The laws can get bizarre. When I was an Army instructor, I lost my first office when the Army said it had to take it to build a "handicapped restroom".

 

I wasn't aware the military hired the handicapped, but some federal inspector insisted all buildings had to have handicapped facilities - no exceptions.

 

p.s. I saw a cop in Alabama write up a kid who parked in a handicapped-only space. The guy - maybe 18 - was furious, pointing to the car's handicapped sticker. The policeman told him the sticker was for the owner of the car (the kid's father) and not anyone who just happened to drive it. I felt like applauding.

 

 

 

 

 

 

 

 

[USVirgin]

When I was an Army instructor, I lost my first office when the Army said it had to take it to build a "handicapped restroom".

 

Funny, when I worked at Heuneme (and other Navy bases) I can't recall any structures even being 'civilian friendly.'

 

Had to put up with a few months of construction noise and debris while they gutted the second floor of PSD (a 'historic' building), while I was in charge of mostly women civilians, trying to operate a call center downstairs, who were quite concerned about asbestos. How far up the chain of command do you think my questions/concerns went?