71 replies to this topic

[awood]

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.

Compliance changes from day to day. Interpitiation of Title 24 is open to someones judgement. The plans for every bit of school construction are reviewed by the Division of State Architects (as required by the DGS at a hefty fee of approx. 3% of the construction costs) for compliance. Someone with the state had to sign off that it was in compliance before construction was done.

To sue now over non-compliance is like sueing the pyramids in Egypt for not having an elevator! It is nearly impossible to meet AND maintain compliance as changes are constant and that is what allows leeches like this scum bag to exist.

[Steve Heard]

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!

When I found out that the guy had sued a bunch of people, and actually spoke to a couple of them, I asked my lawyer, 'can't we write to the court and tell them about this guy?'

He chuckled a set me straight by saying something to the effect of, 'First, you can't write to the courts. You either settle or you appear. Second, the judge has to consider the fact that just because this guy has sued others does not mean that you do not discriminate.'

[joy]

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

I don't think it's lawyer's fault. Lawyers are just there offering you service when YOU are looking for one.

It's the people in this country who has so little tolerance when their so-called rights get offended somewhat. You are offended, you are not made convenient enough, so what?! live with it. What makes you think that you suppose to have all the rights? People are spoiled so much that they take so many 'rights' for granted and protect themselves to teeth. You can't say that America is the country who has the most lawsuit because there are so many lawyers. There is just too much need for lawyers.

[supermom]

""Kemper has his share of critics who say he makes a job out of suing people. He has filed 50 suits, 44 of which were settled with the defendants agreeing to make changes and pay Kemper.

Kemper wouldn't say how much he made. He says he used to go after small businesses but has decided to go after government entities now.

He says critics should worry less about the money he's making and more about who's in compliance with the law.""


Good for him!!!

I'm glad that there is someone out there who is forcing people to stop their "don't need to worry about compliance until I get fined or sued", type of attitudes.



Sometimes sue happy people can be a pain in the arse. But this guy is trying to make a point that there just is not enough enforcement out there.

Now--lets see some bussiness' and government agencies complain loud enough that the state legislature actually gets off their duffs and starts enforcing these laws (simple really--just hire a few more state or county code enforcement agents). Otherwise, all the complaining is just whining. The only way to ensure you are whining above the crowd is to ensure that the business you are at is within ADA compliance.

This guy would have a field day--where I work!!

Sometimes--civil rights woes must be brought to the attention of the public through means other than mass protests or violence. The pocketbook sounds a lot less vexing, if you ask me.

[Barb J]

Good for him!!!

I'm glad that there is someone out there who is forcing people to stop their "don't need to worry about compliance until I get fined or sued", type of attitudes.
Sometimes sue happy people can be a pain in the arse. But this guy is trying to make a point that there just is not enough enforcement out there.

Now--lets see some bussiness' and government agencies complain loud enough that the state legislature actually gets off their duffs and starts enforcing these laws (simple really--just hire a few more state or county code enforcement agents). Otherwise, all the complaining is just whining. The only way to ensure you are whining above the crowd is to ensure that the business you are at is within ADA compliance.

This guy would have a field day--where I work!!

Sometimes--civil rights woes must be brought to the attention of the public through means other than mass protests or violence. The pocketbook sounds a lot less vexing, if you ask me.

Wow, I had to read this twice to make sure it wasn't a sarcastic post - you're serious????? Good for him????

This guy could care less about compliance - proof being that even if the business comes into compliance he still wants money! The place I work for has been sued twice by a guy just like him, and it's almost outright extortion the way these people do "business."

When your taxes are raised, or precious services are discontinued because the "goverment entities" that this guy goes after has to come up with more money to pay this guy off everytime he sues, you'll probably feel alot differently.

Unbelievable........

Barb

[DavidH]

Wow, I had to read this twice to make sure it wasn't a sarcastic post - you're serious????? Good for him????

This guy could care less about compliance - proof being that even if the business comes into compliance he still wants money! The place I work for has been sued twice by a guy just like him, and it's almost outright extortion the way these people do "business."

When your taxes are raised, or precious services are discontinued because the "goverment entities" that this guy goes after has to come up with more money to pay this guy off everytime he sues, you'll probably feel alot differently.

Unbelievable........

Barb

Wow, I agree too. I re-read it supermom's post just to make sure I understood she was supporting this two-bit loser. God forbid he become part of the solution. He's looking for a quick buck and doesn't care who gets hurt in the process. And yes, people are hurt. Services are eliminated, staff is laid off, students don't receive services -- all because taxpayers are forced to support this &#$%&.

The problem is that entities end up paying twice -- once for corrections to bring themselves into compliance (which, for the record, I don't have a problem with) and a second time to settle these suits which, for the most part, constitute an abuse of process.

Let's get a judiciary that rules for the plaintiff but issues a writ of mandate compelling the agency to make "x" ADA adjustments and stop awarding the whistleblowers.

[supermom]

Sometimes--civil rights woes must be brought to the attention of the public through means other than mass protests or violence. The pocketbook sounds a lot less vexing, if you ask me.

Wow, I had to read this twice to make sure it wasn't a sarcastic post - you're serious?????

When your taxes are raised, or precious services are discontinued because the "goverment entities" that this guy goes after has to come up with more money to pay this guy off everytime he sues, you'll probably feel alot differently.

Unbelievable........

Barb

Wow, I agree too. I re-read it supermom's post just to make sure I understood she was supporting this two-bit loser. God forbid he become part of the solution. He's looking for a quick buck and doesn't care who gets hurt in the process. And yes, people are hurt. Services are eliminated, staff is laid off, students don't receive services -- all because taxpayers are forced to support this &#$%&.


Let's get a judiciary that rules for the plaintiff but issues a writ of mandate compelling the agency to make "x" ADA adjustments and stop awarding the whistleblowers.

Sorry Barb--your outrage just doesn't sound personally justified. It sounds more like it belongs in the dog and pony show of political hand wringing clown contorionists also know as gavel bashing. Look--don't mean to attack but the guy does have a very good and valid point. ADA is mandated and is not an option. Ignoring it is going to cost someone access, safety or undue physical incumbrance (sp?).

And David --I agree with that part of judges calling the shots on fixing rather than $ to the plaintiff--however--that is not how the law reads.

So rather than complain about the guy who is forcing the courts to do the code enforcers job--how about forcing the politicans to change the laws or hire more salaried code enforcers?

[EDF]

Sorry Barb--your outrage just doesn't sound personally justified. It sounds more like it belongs in the dog and pony show of political hand wringing clown contorionists also know as gavel bashing. Look--don't mean to attack but the guy does have a very good and valid point. ADA is mandated and is not an option. Ignoring it is going to cost someone access, safety or undue physical incumbrance (sp?).

And David --I agree with that part of judges calling the shots on fixing rather than $ to the plaintiff--however--that is not how the law reads.

So rather than complain about the guy who is forcing the courts to do the code enforcers job--how about forcing the politicans to change the laws or hire more salaried code enforcers?

supermom... you've never been sued have you... over some stupid little crap like this...

I guess we as a society will have to pay this pr*ck Buck$ because someone made a mistake...? can't we just "fix the problem"... must there always be a stinking lawsuit that pays this creep $$$...?

you know... if it came out of your pocket... you'd feel a whole lot different... but since you are a "big lib" and think money just comes from the "guv-ment" you don't have any real "frame of reference" to really understand what "stinkin thinkin" you've got going...

I mean wow... your solution...? go hire more "code enforcement" people...

anyone who owns a "rental property" knows how they "over reach" lots of times...

[Barb J]

Why would my outrage need to sound personally justified? Since I've never been personally sued, of course it wouldn't! What a silly thing to say!

As a taxpayer, who will be affected by this person's litigious nature, I am justified in having an opinion!

I fully agree, if a building is not in compliance with ADA rules/regulations then it should be brought to the proper authorities attention and rectified. If it isn't, then at that point a lawsuit would be necessary to bring that building owner into compliance. BUT THAT ISN'T THE CASE HERE! This person sues to get money. If his motivation was to bring the building into compliance, a simple letter with the threat of a lawsuit would do it. But he sues first, not giving the owner a chance, right? And even if they do correct the wrongs, he sues anyway!

Bar

[dori2u]

Is this the guy who drives around town in his wheelchair with his wife on his lap and his dog behind the chair?

[sat]

Same same.

[jennyjen]

Same same.

He can drive up and down Oak Avenue, but can't go an extra 30 yards. Something very strange with that guy.