71 replies to this topic

[EDF]

From the article:

"He says critics should worry less about the money he's making..."

No, that's exactly what we should be worrying about, because it's the obvious motive. Don't give him any money, and his lawsuits will dry up. He doesn't care about a sign going up in front of the administrative building at FHS. (It takes one time to find out where the ramp is, and to use it thereafter.) No, he cares about making a living from complaining about it.

This kind of stuff won't last forever, folks. One way or another, we the people will eventually have had enough of this, and the courts will follow our lead.

Freedom from bigotry means being able to call a disabled person a jerk when he's a jerk, and not feeling the need to coddle him just because he's disabled. This guy is being a selfish jerk. Otherwise he would go up to school officials in a nice way and ask them to put up a sign, rather than slap them with a lawsuit.

Oh Contrare...

god almighty... if a stinking judge or state like New Jersey can force a private business to service a group of people it never intended to... why do you think we the people will ever have an "end" to this crap...

you see... it's the STUPID "goo goo" types who keep voting in the pr*cks who make up these stupid laws for their "trial lawyer" friends...

We stopped some of this stuff with an initiative... and that's what it will take here..but you watch... there will be a stinking black robed judge throw it out... because it's "discriminatory"...

[EDF]

I happily am not in a position to have to make the choice, but I wonder what would happen if a business owner simply let it go to court, without engaging a lawyer, and without incurring any legal fees at all. Would a judge throw out the case, or is the risk still too great that judges would make these outrageous awards?

Dude...

I can tell you've never been sued...

wake up...

You wouldn't believe what can happen in a court of law...

When you go to court.... you'd better put up a defense...

going to court without one...? means you are a jerk... and it's the equivalent of going to a "gun fight with only a knife"....

[pet lover]

I think you're right. He is just taking advantage of the system.

The guy is a low-life jerk, period. 50 lawsuits? He only cares about the money.

The problem is that only these cases make the news and the VAST majority of disabled people don't file frivolous lawsuits. I'd venture to guess that the actual percentage of disabled people suing is far less than 1% so please don't group them together with this scumbag.

[l479]

let's not forget, one of the regular posters on this site filed a similar lawsuit against FCUSD and FHS 2 years after he graduated because "they didn't protect him from harassment based on his sexual orientation."
Both cases were about picking up an easy buck rather than redress of actual damage.
(By the way this post comes from someone who was a successful litigation atty. for a number of years. Now I cringe when I hear of suits like these)

Leave him out of this. None of this has anything to do with him.

[Rich_T]

Dude...

I can tell you've never been sued...

wake up...

You wouldn't believe what can happen in a court of law...

When you go to court.... you'd better put up a defense...

going to court without one...? means you are a jerk... and it's the equivalent of going to a "gun fight with only a knife"....

I don't think I want to know...

I was just wondering "what if". What if you just went down to the court and told the judge "he's wrong, here's what it's like", and then let the judge decide? And what if the judge used common sense, the same as us?

But I guess I'm living in fantasy land, huh?

I think it's wrong that business owners settle out of court because otherwise their legal bills will be too high. The solution is to make the plaintiff pay the defendant's fees in such cases, which would discourage such suits from happening. But then you throw out the baby with the bathwater, because some suits ARE legitimate... (but what is the ratio of scams to legit suits?)

If I'm lucky, I'll remain insignificant and poor enough to never get sued.

[Steve Heard]

I don't think I want to know...

I was just wondering "what if". What if you just went down to the court and told the judge "he's wrong, here's what it's like", and then let the judge decide? And what if the judge used common sense, the same as us?

But I guess I'm living in fantasy land, huh?

I think it's wrong that business owners settle out of court because otherwise their legal bills will be too high. The solution is to make the plaintiff pay the defendant's fees in such cases, which would discourage such suits from happening. But then you throw out the baby with the bathwater, because some suits ARE legitimate... (but what is the ratio of scams to legit suits?)

If I'm lucky, I'll remain insignificant and poor enough to never get sued.

When it happened to me, the first thing my lawyer said was, "You should settle. I'll bet this clown will go away for $!0,000."

I said, "I ain't payin' him sh8t! I'm gonna fight it." My lawyer advised that just preparing the case will cost thousands. I went ahead with it.

We investigated and found that the guy, as mentioned before, had sued a bunch of people (including his own brother), and even represented himself in one case. Guys like that will waste your time, and will file motions and try to delay the process and wear you down. We eventually settled.

Going in without a lawyer would have been suicide.

Judges are often sympathetic toward the plaintiff, the little guy, while the employer, landlord, or business owner can be viewed as the big bad greedy wolf.

[tsukiji]

I'm not a lawyer and I don't play one on TV.

I don't get it -- why doesn't the government enforce compliance and take it out of the hands of private citizens like this? Can't we make it such that private citizens just file a complaint to the proper authority and not allow them to sue?

[DavidH]

lawyers like this should be gathered and sent to a desert island where they will no longer be a tick on society's behind

Ditto +1000. Then again, the sand doesn't meet the traction requirements of the American's with Disabilities Act so this *#$%& would find somebody else to sue. I wish I had time be a raving, bitter lunatic.

[DavidH]

...in the news clip it shows the stairs in front of the office building. then it shows the man having to go his 30 yards down the sidewalk to the LEFT of the office, presumably around that bldg, etc., to access the office. what it neglects to show is that if the man turns his wheelchair around and travels approximately 20/25 feet on the sidewalk toward the RIGHT of the office bldg, he be able to use the same sidewalk i use (as do most visitors/parents because it is right next to the parking lot!) ...

That door is also only 20' from the disabled parking spots (see map).

[DavidH]

The signage is part of ADA compliance. If they have no sign they are not in compliance.

OK so the school isn't in full complance. Did this a$$&#le pick up a phone and ask somebody at FHS or the district how he could help or if they were aware of their non-compliance? Of course not; he's going for the quick buck and wheelchairing alll over town looking for other compliance issues.

While I support the ADA there has to be recognition that many of the changes take time and significant money -- money that isn't exactly free-flowing from the State of California. Yet another unfunded mandate...and this p#$%& isn't helping anybody but himself and his wallet. I doubt that settlement monies he's received are being used for disability advocacy, education, or even to help businesses/agencies comply. He's a small, greedy, disgusting fraction of a person.

[Al Waysrite]

Leave him out of this. None of this has anything to do with him.

the subject is about frivolous lawsuits against the school district. same as in his case.

[EDF]

Leave him out of this. None of this has anything to do with him.

why... it's a BS lawsuit... his "feelings got hurt".... he was "offended"... so what...that's worth a "pay check" from the taxpayers...?

don't think so...

[Rich_T]

I'm not a lawyer and I don't play one on TV.

I don't get it -- why doesn't the government enforce compliance and take it out of the hands of private citizens like this? Can't we make it such that private citizens just file a complaint to the proper authority and not allow them to sue?

That sounds like an excellent question to me. What's the matter, does it make too much sense for our legal system?

[Rich_T]

...Going in without a lawyer would have been suicide.

Judges are often sympathetic toward the plaintiff, the little guy, while the employer, landlord, or business owner can be viewed as the big bad greedy wolf.

Sorry to hear that. You would think that judges would be more keenly aware than anyone else of the abuses by this type of litigant. You would think that just telling the truth and presenting the facts would be enough to present your case.

Man do I hate the court system!

[Deb aka Resume Lady]

OK so the school isn't in full complance. Did this a$$&#le pick up a phone and ask somebody at FHS or the district how he could help or if they were aware of their non-compliance? Of course not; he's going for the quick buck and wheelchairing alll over town looking for other compliance issues.

Again, I am not defending this guy's lawsuit. I am merely making the point that the signage is in fact part of compliance. My post was in response to a post that said the school WAS in compliance but didn't have a sign. I fully agree that this could and should have been handled another way.