mark handler
SAWHORSE
Disabled Queens man sues at least 20 mom-and-pop businesses over ‘architectural barriers’ preventing wheelchair access
BY CAITLIN NOLAN , JOHN MARZULLI NEW YORK DAILY April 28, 2015
http://www.nydailynews.com/new-york/queens/disabled-queens-man-sues-20-businesses-barriers-article-1.2201545
A disabled Queens man is hell on wheels for the mom-and-pop businesses he's suing.
Jerry Cankat is the plaintiff in 20 federal lawsuits filed in Brooklyn Federal Court in the last year against pizzerias, diners, pubs, and cafes alleging the locations contain “architectural barriers” that prevent him from accessing the premises in his wheelchair.
Cankat, 60, suffers from diabetes which resulted the amputation of his right leg.
A Daily News reporter encountered Cankat outside his Flushing apartment building and asked about his legal crusade. “I got to talk to my lawyer before I, to tell you the truth, I don't even know what you're talking about,” he said.
Cankat cannot recover monetary damages under the Americans with Disabilities Act — he can only demand that the business make expensive alterations — but his lawyer is entitled to legal costs and that can get expensive if the defendants choose to fight the case.
Several lawyers representing clients sued by Cankat say the suit is typically followed by a settlement demand of $6,000 and $6,500 for legal fees. Often their insurance policy doesn't cover this type of lawsuit so the business owner has to hire a lawyer.
“It's a shakedown,” fumed Peter Karayiannis, owner of the Shalimar Diner in Rego Park.
A lawyer involved in a Cankat case who asked not to be identified said the ADA has spawned a “cottage industry” for serial litigation.
Cankat is also suing Tori O'Toole's, where he encountered barriers “precluding him from reasonably accessing the goods and services provided to non-disabled individuals,” according to the boiler-plate legal language of the suit.
The suit cites more than a dozen violations of the ADA at the Flushing sports bar, including no accessible parking space in the parking lot, no required ramp at the back door connecting with an outdoor deck and “required minimum maneuvering clearance is not provided at the front street entrance door.”
Tori O'Toole's lawyer Jeannie Bergsen said her client is ready to fight the case. “The intent of ADA in a noble one, to help people with disabilities to gain reasonable access to public place,” Bergsen said.
“However, when this type of practice occurs, meaning the serial filing of claims like this against numerous small 'mom-and-pop' businesses within a local neighborhood, I do not believe that is necessarily helpful to the disabled, and it is certainly detrimental to the local economy.”
Cankat's lawyer in 20 of the suits is Tara Demetriades, a tough-talking veteran litigator who said the “shakedown” sentiment unfair.
Demetriades insists that Cankat doesn't profit from the suits and defended her legal fees as fair compensations for the investigatory work that must be done to verify the violations.
“My clients want access and Mr. Cankat wants to be able to enjoy things like anyone else,” Demetriades said.
Demetriades said she is “more than reasonable” in settlement negotiations and noted that the number of suits is relatively small given New York City's old buildings.
“If we really wanted to we could find one a day,” she said, adding that Cankat will probably file more suits in the coming months. “If they don't want to be sued, just make sure it's possible for individuals with disabilities to have access to enjoy their establishment.”
BY CAITLIN NOLAN , JOHN MARZULLI NEW YORK DAILY April 28, 2015
http://www.nydailynews.com/new-york/queens/disabled-queens-man-sues-20-businesses-barriers-article-1.2201545
A disabled Queens man is hell on wheels for the mom-and-pop businesses he's suing.
Jerry Cankat is the plaintiff in 20 federal lawsuits filed in Brooklyn Federal Court in the last year against pizzerias, diners, pubs, and cafes alleging the locations contain “architectural barriers” that prevent him from accessing the premises in his wheelchair.
Cankat, 60, suffers from diabetes which resulted the amputation of his right leg.
A Daily News reporter encountered Cankat outside his Flushing apartment building and asked about his legal crusade. “I got to talk to my lawyer before I, to tell you the truth, I don't even know what you're talking about,” he said.
Cankat cannot recover monetary damages under the Americans with Disabilities Act — he can only demand that the business make expensive alterations — but his lawyer is entitled to legal costs and that can get expensive if the defendants choose to fight the case.
Several lawyers representing clients sued by Cankat say the suit is typically followed by a settlement demand of $6,000 and $6,500 for legal fees. Often their insurance policy doesn't cover this type of lawsuit so the business owner has to hire a lawyer.
“It's a shakedown,” fumed Peter Karayiannis, owner of the Shalimar Diner in Rego Park.
A lawyer involved in a Cankat case who asked not to be identified said the ADA has spawned a “cottage industry” for serial litigation.
Cankat is also suing Tori O'Toole's, where he encountered barriers “precluding him from reasonably accessing the goods and services provided to non-disabled individuals,” according to the boiler-plate legal language of the suit.
The suit cites more than a dozen violations of the ADA at the Flushing sports bar, including no accessible parking space in the parking lot, no required ramp at the back door connecting with an outdoor deck and “required minimum maneuvering clearance is not provided at the front street entrance door.”
Tori O'Toole's lawyer Jeannie Bergsen said her client is ready to fight the case. “The intent of ADA in a noble one, to help people with disabilities to gain reasonable access to public place,” Bergsen said.
“However, when this type of practice occurs, meaning the serial filing of claims like this against numerous small 'mom-and-pop' businesses within a local neighborhood, I do not believe that is necessarily helpful to the disabled, and it is certainly detrimental to the local economy.”
Cankat's lawyer in 20 of the suits is Tara Demetriades, a tough-talking veteran litigator who said the “shakedown” sentiment unfair.
Demetriades insists that Cankat doesn't profit from the suits and defended her legal fees as fair compensations for the investigatory work that must be done to verify the violations.
“My clients want access and Mr. Cankat wants to be able to enjoy things like anyone else,” Demetriades said.
Demetriades said she is “more than reasonable” in settlement negotiations and noted that the number of suits is relatively small given New York City's old buildings.
“If we really wanted to we could find one a day,” she said, adding that Cankat will probably file more suits in the coming months. “If they don't want to be sued, just make sure it's possible for individuals with disabilities to have access to enjoy their establishment.”
