mark handler
SAWHORSE
Businesses sound off on lawsuit activity
Written by Clay Moffitt
Tuesday, 11 October 2011 09:51
“ADA” has become a four-letter word to many local entrepreneurs who feel like they are being targeted for frivolous violations of the landmark law.
Several local business owners met for a round-table discussion regarding lawsuit abuse on last month at the Greater Fresno Area Chamber of Commerce. However, none was more adamant about what she feels are exploitations of the Americans with Disabilities Act than Lee Ky of Reedley, owner of Doughnuts to Go.
In December 2010 Ky’s store was sued for not being wheelchair-friendly, but the cruel irony is she uses a wheelchair herself because of the effects of cerebral palsy.
Some of the violations she was charged with were having the doorknob in the wrong location or broken, having the garbage can in the wrong spot and not having a wheelchair sign on two designated handicap-accessible tables.
“That ****ed me off,” Ky said because it limits the tables disabled people can sit at to just two. “Who are you to tell me where I can or cannot sit? Are we going back to the 1940s and segregation? The able-bodies vs. the disabled-bodies?”
Ky has another doughnut shop in Stockton that was also hit with an ADA lawsuit by a different law firm.
Ky said her doughnut shop was able to survive the lawsuits, and will not close because she couldn’t do that to the community. But she did have to raise the price of the doughnuts.
In addition to having to pay to settle the lawsuit, she says she now notices when she goes into places of business, the owners look at her as a person with a disability and worry if she is going to sue them.
The business owners didn’t mince any words, using terms like “extortion” and “bribery” to describe the practice.
The round table was conducted by the group California Citizens Against Lawsuit Abuse with U.S. Rep. Jeff Denham and state Assemblymember Linda Halderman in attendance.
“From a litigation perspective, we want to find out ways to introduce legislation to stop lawsuit abuse,” Denham explained as his reason for being there.
He also went on to say it’s a bipartisan issue that both the Republicans and Democrats need to have a united front against.
Part of the business owners’ gripe against the ADA is there isn’t a grace period to fixed the violation before being sued.
“The ADA gave lawyers a blank check,” said Mark Wilson of SAN MAR Properties, Inc.
Workers’ compensation, wrongful termination and discrimination lawsuits were also brought up, but none drew the ire like the ADA lawsuits.
The owners also accused these law firms of shirking away from the larger corporations that have the legal services to combat the claims, and instead focusing on the small mom-and-pop shops.
http://www.thebusinessjournal.com/small-business/11633-businesses-sound-off-on-lawsuit-activity
Lee Ky, confined to a wheelchair due to the effects of cerebral palsy, faced an ADA lawsuit at her doughnut shop in Reedley.
Written by Clay Moffitt
Tuesday, 11 October 2011 09:51
“ADA” has become a four-letter word to many local entrepreneurs who feel like they are being targeted for frivolous violations of the landmark law.
Several local business owners met for a round-table discussion regarding lawsuit abuse on last month at the Greater Fresno Area Chamber of Commerce. However, none was more adamant about what she feels are exploitations of the Americans with Disabilities Act than Lee Ky of Reedley, owner of Doughnuts to Go.
In December 2010 Ky’s store was sued for not being wheelchair-friendly, but the cruel irony is she uses a wheelchair herself because of the effects of cerebral palsy.
Some of the violations she was charged with were having the doorknob in the wrong location or broken, having the garbage can in the wrong spot and not having a wheelchair sign on two designated handicap-accessible tables.
“That ****ed me off,” Ky said because it limits the tables disabled people can sit at to just two. “Who are you to tell me where I can or cannot sit? Are we going back to the 1940s and segregation? The able-bodies vs. the disabled-bodies?”
Ky has another doughnut shop in Stockton that was also hit with an ADA lawsuit by a different law firm.
Ky said her doughnut shop was able to survive the lawsuits, and will not close because she couldn’t do that to the community. But she did have to raise the price of the doughnuts.
In addition to having to pay to settle the lawsuit, she says she now notices when she goes into places of business, the owners look at her as a person with a disability and worry if she is going to sue them.
The business owners didn’t mince any words, using terms like “extortion” and “bribery” to describe the practice.
The round table was conducted by the group California Citizens Against Lawsuit Abuse with U.S. Rep. Jeff Denham and state Assemblymember Linda Halderman in attendance.
“From a litigation perspective, we want to find out ways to introduce legislation to stop lawsuit abuse,” Denham explained as his reason for being there.
He also went on to say it’s a bipartisan issue that both the Republicans and Democrats need to have a united front against.
Part of the business owners’ gripe against the ADA is there isn’t a grace period to fixed the violation before being sued.
“The ADA gave lawyers a blank check,” said Mark Wilson of SAN MAR Properties, Inc.
Workers’ compensation, wrongful termination and discrimination lawsuits were also brought up, but none drew the ire like the ADA lawsuits.
The owners also accused these law firms of shirking away from the larger corporations that have the legal services to combat the claims, and instead focusing on the small mom-and-pop shops.
http://www.thebusinessjournal.com/small-business/11633-businesses-sound-off-on-lawsuit-activity
Lee Ky, confined to a wheelchair due to the effects of cerebral palsy, faced an ADA lawsuit at her doughnut shop in Reedley.
