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SAWHORSE
Local businesses peeved by man's ADA suits
By Ryan Chalk/ RChalk@TheReporter.com
Posted: 12/11/2011 01:04:01 AM PST
http://www.thereporter.com/news/ci_19522818
He claims to be a customer.
And although business owners have no recollection of ever seeing the man, the cost of doing business with him is very high.
The customer in question is Scott N. Johnson and he's well known around Northern California merchant circles as a tough customer. The Carmichael resident is a quadriplegic attorney known less for the services he seeks than he is for the fallout from his presence, which usually results in a hefty bill made payable to him.
Johnson recently swept through Vacaville, unknown to the businesses he visited. The only proof of his attempt to patronize various auto shops and a computer repair outlet is a letter and a bill in exchange for his vow not to sue for alleged violations of the Americans with Disabilities Act of 1990.
"It's stealing," said Joey Magaruh, owner of A-1 Auto Body on Callen Street in Vacaville.
Magaruh was contacted by Johnson two years ago for not having proper handicapped parking. Magaruh paid Johnson $4,500 and made the proper improvements.
He thought it was settled until he got another notice in October, this time for the adjacent property that his family leases to Solano Smog.
Johnson is taking aim at the handicap parking spot at Solano Smog, which does not have the proper hash marks for unloading, as well as push/pull decals on the door.
This time Johnson will settle out of court for $2,000, according to Magaruh.
"He hit me two years ago and now he's back again. And he knows as well as I do it's going to cost $20,000 to $40,000 to fight him," Magaruh said.
In Johnson's lawsuits, he often claims to have been discriminated against, embarrassed and made to suffer emotional damage and personal injury.
Johnson was not available for comment on Friday, according to a woman who answered the phone at his business, Disabled Access Prevents Injury, Inc.
"This is pure extortion," said Paul Troutner, owner of another Callen Street business, Corby's Collision Inc.
Troutner was hit with a similar lawsuit and given options for payment beginning at $5,000.
The lawsuits are filed in the federal Eastern District Court in Sacramento and in some cases, Johnson sends a warning letter, although Troutner doesn't recall seeing one.
Troutner's first indication of a lawsuit came from several defense attorneys offering to help him in his fight against the self-styled ADA crusader.
"Do I feel screwed? Hell yes. Do I feel violated? Hell yes," Troutner said.
Magaruh and Troutner say they aren't the only local businesses targeted by Johnson.
According to Magaruh, his business has gone out of the way to help disabled customers in the past and has no issue with ADA requirements. However, Johnson's approach has him crying foul, if anything, to serve as a warning to others.
"He targets small businesses where most of us don't have the money to fight this stuff. We just did payroll today, and it's tight," Magaruh said. "It's hard enough just keeping up with all of the regulations, such as OSHA. The overhead is ridiculous and he comes along and kicks you when you're down."
By Ryan Chalk/ RChalk@TheReporter.com
Posted: 12/11/2011 01:04:01 AM PST
http://www.thereporter.com/news/ci_19522818
He claims to be a customer.
And although business owners have no recollection of ever seeing the man, the cost of doing business with him is very high.
The customer in question is Scott N. Johnson and he's well known around Northern California merchant circles as a tough customer. The Carmichael resident is a quadriplegic attorney known less for the services he seeks than he is for the fallout from his presence, which usually results in a hefty bill made payable to him.
Johnson recently swept through Vacaville, unknown to the businesses he visited. The only proof of his attempt to patronize various auto shops and a computer repair outlet is a letter and a bill in exchange for his vow not to sue for alleged violations of the Americans with Disabilities Act of 1990.
"It's stealing," said Joey Magaruh, owner of A-1 Auto Body on Callen Street in Vacaville.
Magaruh was contacted by Johnson two years ago for not having proper handicapped parking. Magaruh paid Johnson $4,500 and made the proper improvements.
He thought it was settled until he got another notice in October, this time for the adjacent property that his family leases to Solano Smog.
Johnson is taking aim at the handicap parking spot at Solano Smog, which does not have the proper hash marks for unloading, as well as push/pull decals on the door.
This time Johnson will settle out of court for $2,000, according to Magaruh.
"He hit me two years ago and now he's back again. And he knows as well as I do it's going to cost $20,000 to $40,000 to fight him," Magaruh said.
In Johnson's lawsuits, he often claims to have been discriminated against, embarrassed and made to suffer emotional damage and personal injury.
Johnson was not available for comment on Friday, according to a woman who answered the phone at his business, Disabled Access Prevents Injury, Inc.
"This is pure extortion," said Paul Troutner, owner of another Callen Street business, Corby's Collision Inc.
Troutner was hit with a similar lawsuit and given options for payment beginning at $5,000.
The lawsuits are filed in the federal Eastern District Court in Sacramento and in some cases, Johnson sends a warning letter, although Troutner doesn't recall seeing one.
Troutner's first indication of a lawsuit came from several defense attorneys offering to help him in his fight against the self-styled ADA crusader.
"Do I feel screwed? Hell yes. Do I feel violated? Hell yes," Troutner said.
Magaruh and Troutner say they aren't the only local businesses targeted by Johnson.
According to Magaruh, his business has gone out of the way to help disabled customers in the past and has no issue with ADA requirements. However, Johnson's approach has him crying foul, if anything, to serve as a warning to others.
"He targets small businesses where most of us don't have the money to fight this stuff. We just did payroll today, and it's tight," Magaruh said. "It's hard enough just keeping up with all of the regulations, such as OSHA. The overhead is ridiculous and he comes along and kicks you when you're down."