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Disabled Bar Owner Sued Over Ada Compliance


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#1 Steve Heard

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Posted 04 September 2012 - 04:30 PM

This is nuts!

FOLSOM, CA - A Carmichael attorney, well known in the region for filing lawsuits against small businesses related to disability access, has recently targeted Cameron Park and Folsom businesses.

Scott Johnson, himself confined to a wheelchair, has filed more than 2,000 suits in the past few years, citing inaccessibility to businesses and their restrooms among other things.

Johnson said his civil rights have been violated by not being able to access the targeted businesses.

City Slickers bar on Natoma Street in Folsom is one of the more recent businesses to face Johnson and the potential for a lawsuit.

Johnson, a quadriplegic with “extremely limited use” of his arms, said he visits every establishment prior to serving them a letter or suing, but doesn’t always go inside.

“If they don’t have ramps, I don’t go inside,” he said in a recent phone interview. “If it’s parking and restrooms and things that I’m not able to get into when I visit, my assistant will go in and take pictures.”

That appears to be the case at City Slickers.

Dennis Dority, owner of the local watering hole who has to use a wheelchair to get around, said Johnson was never in his bar.

“(Johnson) never came in here,” he said. “He just sends people around.”

Dority has no trouble navigating the ramps out front of the bar. He acknowledges the incline is too steep and those repairs will be made. Johnson also reportedly had a problem with the restrooms that are about four-inches to narrow.

“These are just code violations,” Dority said. “When he claims a violation of his civil rights, that is the legal issue.”

Dority’s landlord settled out of court with Johnson paying him an undisclosed amount of money.

Read more...

http://folsomtelegraph.com/detail/216927.html?content_source=&category_id=&search_filter=ada&user_id=&event_mode=&event_ts_from=&event_ts_to=&list_type=&order_by=&order_sort=&content_class=1&sub_type=&town_id=
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#2 EDF

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Posted 05 September 2012 - 06:21 AM

This is nuts!

FOLSOM, CA - A Carmichael attorney, well known in the region for filing lawsuits against small businesses related to disability access, has recently targeted Cameron Park and Folsom businesses.

Scott Johnson, himself confined to a wheelchair, has filed more than 2,000 suits in the past few years, citing inaccessibility to businesses and their restrooms among other things.

Johnson said his civil rights have been violated by not being able to access the targeted businesses.

City Slickers bar on Natoma Street in Folsom is one of the more recent businesses to face Johnson and the potential for a lawsuit.

Johnson, a quadriplegic with “extremely limited use” of his arms, said he visits every establishment prior to serving them a letter or suing, but doesn’t always go inside.

“If they don’t have ramps, I don’t go inside,” he said in a recent phone interview. “If it’s parking and restrooms and things that I’m not able to get into when I visit, my assistant will go in and take pictures.”

That appears to be the case at City Slickers.

Dennis Dority, owner of the local watering hole who has to use a wheelchair to get around, said Johnson was never in his bar.

“(Johnson) never came in here,” he said. “He just sends people around.”

Dority has no trouble navigating the ramps out front of the bar. He acknowledges the incline is too steep and those repairs will be made. Johnson also reportedly had a problem with the restrooms that are about four-inches to narrow.

“These are just code violations,” Dority said. “When he claims a violation of his civil rights, that is the legal issue.”

Dority’s landlord settled out of court with Johnson paying him an undisclosed amount of money.

Read more...

http://folsomtelegraph.com/detail/216927.html?content_source=&category_id=&search_filter=ada&user_id=&event_mode=&event_ts_from=&event_ts_to=&list_type=&order_by=&order_sort=&content_class=1&sub_type=&town_id=



One more reason to never.... ever...vote for a stinking Democrat mista Schteve....

They are the party of Trial Lawyers....

Go talk to Rich or Carol at Folsom Motor Works... check out there nice ramp that I think they said cost them $75,000 THAT NO ONE HAS EVER USED....

But you go ahead and keep voting Democrats like the "Bamster"... this is what you'll get...

#3 camay2327

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Posted 05 September 2012 - 06:51 AM

I really HATE people that sue, just to sue.

They have no plans to actually use a place, or go into a place
to eat or purchase something. They just want to sue.

Something has to change.
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#4 Deb aka Resume Lady

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Posted 05 September 2012 - 07:04 AM

This story was posted twice. I posted a link in the other thread regarding pending legislation (SB 1186) to address these ridiculous lawsuits. The other thread was deleted -- along with my post. :( Let's try this again: http://www.legalnews...s-passes-senate
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#5 eVader

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Posted 05 September 2012 - 08:35 AM

This story was posted twice. I posted a link in the other thread regarding pending legislation (SB 1186) to address these ridiculous lawsuits. The other thread was deleted -- along with my post. :( Let's try this again: http://www.legalnews...s-passes-senate


Great link Deb. At the bottom of the post includes a newer link with better news - this bill was passed in the state Senate and now goes to Brown to sign (LINK)

Donkeys like this disabled lawyer (and politicians) give the legal profession a very bad rep. So many businesses have a greater fear of a lawsuit for non compliance than they do with all the other factors that can lose it all. I feel for businesses in historic buildings as to retrofit ADA compliance during improvements would be difficult.

#6 Steve Heard

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Posted 05 September 2012 - 10:30 AM

One more reason to never.... ever...vote for a stinking Democrat mista Schteve....

They are the party of Trial Lawyers....

Go talk to Rich or Carol at Folsom Motor Works... check out there nice ramp that I think they said cost them $75,000 THAT NO ONE HAS EVER USED....

But you go ahead and keep voting Democrats like the "Bamster"... this is what you'll get...

Ed, must everything be the Democrats' fault? These lawsuits and shakedowns have been around a lot longer than the Obama administration, and the bill to curb them was sponsored and introduced by a Democrat.
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#7 (The Dude)

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Posted 05 September 2012 - 12:28 PM

Ed, must everything be the Democrats' fault? These lawsuits and shakedowns have been around a lot longer than the Obama administration, and the bill to curb them was sponsored and introduced by a Democrat.


Yeah I can't blame the dems for this, it's entirely that asshat Scott Johnson pulling this crap. He needs to be counter-sued ASAP for extorting money from all those business owners, that jerk should do jail time for his bs actions

#8 EDF

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Posted 05 September 2012 - 12:46 PM

Ed, must everything be the Democrats' fault? These lawsuits and shakedowns have been around a lot longer than the Obama administration, and the bill to curb them was sponsored and introduced by a Democrat.


Schteve...

Sure does have to be about Democrats... because they are they ones that have been behind all this crap we're going through... it took how many years to get something passed by a stinking Democrat run state...? too late to help a lot of people I know...

yea... it's about the "nanny state"... and the Democrats that are always promoting it...

#9 Deb aka Resume Lady

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Posted 05 September 2012 - 01:08 PM

Great link Deb. At the bottom of the post includes a newer link with better news - this bill was passed in the state Senate and now goes to Brown to sign (LINK)

Donkeys like this disabled lawyer (and politicians) give the legal profession a very bad rep. So many businesses have a greater fear of a lawsuit for non compliance than they do with all the other factors that can lose it all. I feel for businesses in historic buildings as to retrofit ADA compliance during improvements would be difficult.


Thanks for the link! Here are a few highlights of the bill:

Specifically, the measure bans "demand for money" letters. In these letters, lawyers often order businesses to pay a set amount, plus their exorbitant legal fees, in exchange for dropping the case.

In addition, SB 1186 requires attorneys to send a notice letter, listing any alleged construction-related violations, at least 30 days before filing a lawsuit.

It also prevents "stacking" of multiple claims to increase monetary damages, requiring a plaintiff to explain the need for multiple visits to the same business with a known uncorrected barrier to access.

The bill also significantly reduces damages against business owners who correct alleged violations within 30 to 60 days of receiving a complaint.

Also, the measure requires landlords to disclose whether their buildings or properties are state certified and in compliance with ADA laws.

The bill -- which will take effect immediately after getting Brown's signature -- hopefully will resolve conflicts between state and federal standards, which some believe is adding to the number of lawsuits filed.


This bill is now on Governor Brown's desk awaiting his signature. Contact the governor's office and urge him to pass this into law.
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#10 eVader

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Posted 05 September 2012 - 01:31 PM

Schteve...

Sure does have to be about Democrats... because they are they ones that have been behind all this crap we're going through... it took how many years to get something passed by a stinking Democrat run state...? too late to help a lot of people I know...

yea... it's about the "nanny state"... and the Democrats that are always promoting it...


Yes and No. The state Senate Pro (as in prostitute?) Tem Steinberg didnt want anything to do with ADA lawsuit reform until Dianne Feinstein (D) kicked him and Perez in the butt. She said it was hurting businesses to allow it to continue. I don't care for Feinstein but in this case she did the right thing.

#11 SacDJ

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Posted 05 September 2012 - 02:33 PM

This "person" should get run over and die. His actions have NOTHING to do with helping anyone but himself.

2 of my friends have paid him off.

#12 Rich_T

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Posted 06 September 2012 - 10:54 AM

"In these letters, lawyers often order businesses to pay a set amount, plus their exorbitant legal fees, in exchange for dropping the case."

Isn't that just like "protection money", i.e. extortion?




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