San Jose law firm sued, with RICO Act, over ADA lawsuits

[mark handler]

San Jose law firm sued over ADA lawsuits
http://abc7news.com/business/san-jose-law-firm-sued-over-ada-lawsuits-/3285189/
SAN JOSE, Calif. (KGO) --
Michele Bernal co-owns Blossom True Value Hardware in Mountain View-the business has been in the family since the early 70s.
In 2016, she was sued by the Moore Law Firm (since renamed Mission Law Firm).
The firm claimed her store was in violation of the Americans with Disabilities Act.
The violations included bathroom signage that was posted too high on the bathroom door and a bathroom railing that was also too high. Some store displays were also blocking aisles.
Bernal fixed the problems and settled out of court at a cost of $20,000.
She said the lawsuit always bothered her... that it felt like "a legal graft."
Blossom True Value was one of at least five businesses in Mountain View that was sued, most also settled. The Moores have reportedly filed 1,400 ADA lawsuits against small businesses across the state.
Attorney Moji Saniefar's family did not. Her parents owned a restaurant in Mountain View and they decided to fight.
They won their case.
Sadly for the family, the victory came a few months after Saniefar's father died. Saniefar, like Bernal, was bothered by the lawsuit.
She hired a private investigator and came to believe the Moores made fraudulent statements during the case-especially in claiming a disabled man had become trapped in the bathroom, twice.
In an unprecedented move, she has filed a suit against Mission Law Firm under the Racketeer Influenced and Corrupt Organizations (RICO) Act-- an act typically reserved for mafia and drug trafficking cases.
It accuses the Moores of mail and wire fraud.
The attorney representing the Moores, John O-Connor, called the lawsuit a "factually frivolous case."
He said Congress wants private enforcement of the disability laws and that's what Mission Law Firm is doing-enforcing the law.
O'Connor said they've achieved a lot of success removing access barriers for the disabled.
In mid-March, a judge rejected the Moores second motion to dismiss the case.
The case will next move into the discovery phase.
Currently, Saniefar's mother is the only plaintiff.
But, she said it's possible this could become a class action lawsuit.
Click here for more stories, photos, and video on lawsuits in the Bay Area and around the country.
http://abc7news.com/tag/lawsuit

San Jose's Time Deli to close after being sued over ADA compliance
http://abc7news.com/news/san-joses-time-deli-to-close-after-being-sued-over-ada-compliance/2211438/
SAN JOSE, Calif. (KGO) --
An iconic San Jose deli is closing after being hit with a lawsuit by an attorney who has a history of targeting businesses for ADA compliance
The facade of San Jose's Time Deli has been frozen in it -- a newspaper clipping proves it. But the old building is a problem.
"I got a letter in the mail that I'm getting sued," said Time Deli owner Donald Bergh. "And I looked at it and I didn't understand it."
A Sacramento-based lawyer says the parking lot striping and small bathroom stalls do not meet the standards of the Americans With Disabilities Act.
"To pull permits to put this stuff in this building that's been here since 1949 -- it's going to take a lot of money to restructure, redo a lot of things," Bergh told ABC7 News.
He says he doesn't have the money so he's closing the deli. Nearby Sam's BBQ, Antiques Colony, and the Falafel Drive-In also received complaints from attorney Scott Johnson.
ABC7 News told you about him last summer when he sued an East Bay gas station owner.
Johnson has filed thousands of similar lawsuits.
"Well, he's a crooked lawyer. How dare he take away our gourmet deli," said customer Irene Sanchez.
"Apparently the attorney who's suing us has never been in our place. Said he has, but I've never seen him even with our cameras," Bergh added.
A 2008 law requires proof of visiting the business.

Our attempts to reach Johnson to ask him about this were unsuccessful.
The state's disability advocacy group says sometimes the only way to get ADA compliance is through individual suits.
Click here to learn more about Time Deli and their plans for the future.
https://www.facebook.com/Time-Deli-and-Catering-273118512280/

 

[ICE]

ADA creates angst over minutia and forces the business community to toss money down a rat hole.

The USA is just not a place that will embrace an asinine, dictatorial law. Sure we are willing to accommodate the disabled but causing every existing business to deal with ADA is wrong and we know that.
Now consider the regulations. It takes a CASp to decipher it all. The law couldn't be more voluminous. There's so much to it that need not be there. Like the limit on the size of the symbol that's painted on an accessible parking stall. That's because any bigger than 36" draws undue attention to the plight of the wheelchair bound .... any smaller and we will miss it. A dimension other than 36" can get you sued. It is ridiculous.

The most surprising thing about the thieving lawyers is that there are not more of them.

 

[conarb]

The most surprising thing about the thieving lawyers is that there are not more of them.

Most lawyers I know blame the state bar for not sanctioning these lawyers, they consider them to be abusing the system hurting all lawyers, you guys should similarly object to it as causing disrespect for inspectors who enforce it. The probate lawyers hate it the most, when they have estates to distribute heirs don't want any commercial properties for fear of ADA compliance, and the probate lawyers have to tell all beneficiaries about potential ADA problems before distributing estates or they can be sued for not warning them.

RICO is an interesting use, for those who don't know RICO was originally intended as a club to use against the Mafia, so RICO allegations tend to equate defendants with organized crime, like ADA itself RICO actions can be brought by the government or private individuals.

I have a 92-year-old friend who I had lunch with yesterday, he lost his wife recently and his daughter and son-in-law came to live with him, his daughter gave him a bad time about getting hearing aids, finally telling him that the VA would give them to him for free so he went, they not only gave him hearing aids but they declared him disabled and are giving him $250 a month for life, while he says the $250 is nice he resents being called disabled, he was in the Seabees during the Second World War when Roosevelt was President, Roosevelt used a wheelchair but refused to allow any pictures to be taken of him in his wheelchair, what a difference a couple of generations make, today everybody is a victim, we even have victimization studies in colleges.

 

[Robert]

San Jose law firm sued over ADA lawsuits
http://abc7news.com/business/san-jose-law-firm-sued-over-ada-lawsuits-/3285189/
SAN JOSE, Calif. (KGO) --
Michele Bernal co-owns Blossom True Value Hardware in Mountain View-the business has been in the family since the early 70s.
In 2016, she was sued by the Moore Law Firm (since renamed Mission Law Firm).
The firm claimed her store was in violation of the Americans with Disabilities Act.
The violations included bathroom signage that was posted too high on the bathroom door and a bathroom railing that was also too high. Some store displays were also blocking aisles.
Bernal fixed the problems and settled out of court at a cost of $20,000.
She said the lawsuit always bothered her... that it felt like "a legal graft."
Blossom True Value was one of at least five businesses in Mountain View that was sued, most also settled. The Moores have reportedly filed 1,400 ADA lawsuits against small businesses across the state.
Attorney Moji Saniefar's family did not. Her parents owned a restaurant in Mountain View and they decided to fight.
They won their case.
Sadly for the family, the victory came a few months after Saniefar's father died. Saniefar, like Bernal, was bothered by the lawsuit.
She hired a private investigator and came to believe the Moores made fraudulent statements during the case-especially in claiming a disabled man had become trapped in the bathroom, twice.
In an unprecedented move, she has filed a suit against Mission Law Firm under the Racketeer Influenced and Corrupt Organizations (RICO) Act-- an act typically reserved for mafia and drug trafficking cases.
It accuses the Moores of mail and wire fraud.
The attorney representing the Moores, John O-Connor, called the lawsuit a "factually frivolous case."
He said Congress wants private enforcement of the disability laws and that's what Mission Law Firm is doing-enforcing the law.
O'Connor said they've achieved a lot of success removing access barriers for the disabled.
In mid-March, a judge rejected the Moores second motion to dismiss the case.
The case will next move into the discovery phase.
Currently, Saniefar's mother is the only plaintiff.
But, she said it's possible this could become a class action lawsuit.
Click here for more stories, photos, and video on lawsuits in the Bay Area and around the country.
http://abc7news.com/tag/lawsuit

San Jose's Time Deli to close after being sued over ADA compliance
http://abc7news.com/news/san-joses-time-deli-to-close-after-being-sued-over-ada-compliance/2211438/
SAN JOSE, Calif. (KGO) --
An iconic San Jose deli is closing after being hit with a lawsuit by an attorney who has a history of targeting businesses for ADA compliance
The facade of San Jose's Time Deli has been frozen in it -- a newspaper clipping proves it. But the old building is a problem.
"I got a letter in the mail that I'm getting sued," said Time Deli owner Donald Bergh. "And I looked at it and I didn't understand it."
A Sacramento-based lawyer says the parking lot striping and small bathroom stalls do not meet the standards of the Americans With Disabilities Act.
"To pull permits to put this stuff in this building that's been here since 1949 -- it's going to take a lot of money to restructure, redo a lot of things," Bergh told ABC7 News.
He says he doesn't have the money so he's closing the deli. Nearby Sam's BBQ, Antiques Colony, and the Falafel Drive-In also received complaints from attorney Scott Johnson.
ABC7 News told you about him last summer when he sued an East Bay gas station owner.
Johnson has filed thousands of similar lawsuits.
"Well, he's a crooked lawyer. How dare he take away our gourmet deli," said customer Irene Sanchez.
"Apparently the attorney who's suing us has never been in our place. Said he has, but I've never seen him even with our cameras," Bergh added.
A 2008 law requires proof of visiting the business.

Our attempts to reach Johnson to ask him about this were unsuccessful.
The state's disability advocacy group says sometimes the only way to get ADA compliance is through individual suits.
Click here to learn more about Time Deli and their plans for the future.
https://www.facebook.com/Time-Deli-and-Catering-273118512280/

With respect to the San Jose Deli: Since the deli was built in 1949, before ADA laws were in effect, and without knowing more details, (assuming little to no permit work has been done since), wouldn't that be classified as unreasonable hardship? Certainly barrier removal is always required, but in this case enlarging bathrooms (or building new ones) is much more involved and expensive then lowering a grab bar or mirror. I don't understand why they are closing up shop...there must be more to the story as there are a bazillion pre-ADA mom and pop shops that are non-compliant.

 

[Michael.L]

A 2008 law requires proof of visiting the business.

I've been hearing about this type of legal extortion against small businesses by corrupt lawyers for decades. In 99% of the cases, the business is forced to settle because they don't have the financial resources to defend themselves from these predatory lawsuits. It's well past time that this nonsense is stopped. The 2008 law doesn't go far enough.

IMO, the ADA law must be amended to require that private parties are not permitted to sue for violations. They should only be allowed to file a complaint with the AHJ where the business is located. Then it's up to the AHJ to investigate, determine if the violation is valid, and give the business a reasonable opportunity correct the violation, or then fine them. That would be a fair and just way to handle this problem.

 

[steveray]

The AHJ is the DOJ, ADA is not enforced locally....

 

[mark handler]

The AHJ is the DOJ, ADA is not enforced locally....

Many of the cases involving accessibility are filed in state court under California laws. News reporting agencies, as well as most others, (including some on this board) do not always know the difference.
In CA, you can comply with ADA and not comply with State access laws. Also in CA there is the Unruh act, which sets a actual fine on each violation. You can have more than 10 violations in a restroom. Thats why it is very lucrative in CA to file the suits.

 

[Michael.L]

The AHJ is the DOJ, ADA is not enforced locally....

As I said, the law must be changed. I see no reason why ADA can't be enforced locally, just as many other regulations are.

ADA should be intended to make people's lives easier (including the business owner by having a standard in place). It should not be intended to line the pockets of lawyers engaged in a form of extortion.

 

[ADAguy]

M.L. interesting that that you are only appear to just now be commenting on this issue.
We have been discussing this on the forum for many years.
Is Colorado that far behind in ADA compliance, be thankful you are not in California or Florida.
Is your business compliant?
Scroll back in the archives under the late Ed Kemper's postings for some interesting commentary.

 

[conarb]

Many of the cases involving accessibility are filed in state court under California laws. News reporting agencies, as well as most others, (including some on this board) do not always know the difference.
In CA, you can comply with ADA and not comply with State access laws. Also in CA there is the Unruh act, which sets a actual fine on each violation. You can have more than 10 violations in a restroom. Thats why it is very lucrative in CA to file the suits.

News reporting agencies, as well as most others, (including some on this board) do not always know that this action was filed in Federal Court and not State Court, Federal Courts do not enforce state law (and building departments do not enforce Federal Law), in fact while this is a Federal Court action, were the suit filed in state court the action could be removed to Federal Court on the basis that ADA has preempted state law including the "Big Daddy Unruh" act.

Since litigants are now bringing RICO (racketeering actions) against private enforcement I see no reason why building departments cannot be added for rackateering for enforcing preempted state law.

 

[Michael.L]

M.L. interesting that that you are only appear to just now be commenting on this issue.
We have been discussing this on the forum for many years.

I just discovered this site and signed up yesterday!

But this topic has been stuck in my craw for many years: I remember first reading about this kind of legal extortion probably a couple of decades ago. No, it's never affected me directly, but it affects all of us indirectly with higher consumer costs, higher insurance costs, loss of access to small businesses who get unfairly shut down (or never started because of the risks), and the negative economic consequences all this has on our society. Plus, it's just wrong. I'm not directly affected by mafia protection rackets either, but that doesn't mean I'm not outraged about that also. Franky, I see little difference between the two. Just because something is not explicitly illegal, doesn't mean that it's morally right.

 

[ADAguy]

Your Mafia reference not withstanding, the "intent" of the ADA is "access for all of us", unfortunately there continues to be a failure to adequately "communicate" the why and how to do so.

 

[Michael.L]

Just to be clear, my Mafia reference had nothing to do with ADA. It has to do with lawyers who use "legal" lawsuits to extort money from businesses (and sometimes, individuals). The same has been done with race discrimination laws and environmental protection laws.

 

[conarb]

Just to be clear, my Mafia reference had nothing to do with ADA. It has to do with lawyers who use "legal" lawsuits to extort money from businesses (and sometimes, individuals). The same has been done with race discrimination laws and environmental protection laws.

You are correct, all of these activist groups are no different than the Mafia, they all extort money out of innocent people to further their agenda. I've been saying here for years that it is unconstitutional to give any group special privileges, it is a violation of the 14th Amendment, in the process they violate the 1st and 4th Amendments, the Supreme Court let it go as redress for past grievances against Blacks for a limited period of time, they have been extending it and it is now due to expire in 2028.

I think RICO is the proper way to approach the matter and I would also like to see those enforcing it brought in as defendants, maybe that way if AHJs have to pay some big judgments maybe they will stop enforcing it.

 

[conarb]

We all know that these incomprehensible regulations were written by the DOJ dating back as far as 1990, in the Wall Street Journal yesterday there was an article about corrutionin the DOJ:

We also know that among the Justice Department’s stated reasons for not complying with the Nunes subpoena was its worry that to do so might damage international relationships. This suggests the “source” may be overseas, have ties to foreign intelligence, or both. That’s notable, given the highly suspicious role foreigners have played in this escapade. It was an Australian diplomat who reported the Papadopoulos conversation. Dossier author Christopher Steele is British, used to work for MI6, and retains ties to that spy agency as well as to a network of former spooks. It was a former British diplomat who tipped off Sen. John McCain to the dossier. How this “top secret” source fits into this puzzle could matter deeply.

I believe I know the name of the informant, but my intelligence sources did not provide it to me and refuse to confirm it. It would therefore be irresponsible to publish it. But what is clear is that we’ve barely scratched the surface of the FBI’s 2016 behavior, and the country will never get the straight story until President Trump moves to declassify everything possible. It’s time to rip off the Band-Aid.¹

We all also know about corruption in our local government agencies, like Building Departments diverting permit fees to illegal uses, in our local DAs race the office has ben rife with corrpution, and this says nothing about the Building Department, it's now come out that George Soros is funding candidates in the race, and as I've said before it was one of Soros' organizations that funded the original ADA, including the infamous" Capital Crawl" :

Becton was appointed to the interim district attorney’s position after the resignation of former District Attorney Mark Peterson, who was charged with felony grand theft, pleaded no contest to felony perjury and was fined $45,000 by the Fair Political Practices Commission for illegal campaign spending.

The Real Justice PAC is an effort by Shaun King, a national civil rights activist and writer. The group endorsed Becton along with Pamela Price, who is running for the Alameda County district attorney’s office, and Noah Phillips, who is running for the Sacramento County district attorney’s office. They have also endorsed Milo Fitch, a candidate for the Sacramento County Sheriff’s Office.

The group has taken in more than $1 million in contributions with the lion’s share coming form Cari Tuna, president of the Open Philanthropy Project and wife of Facebook co-founder Dustin Moskovitz.

However, the group has not donated any money toward Becton’s campaign or the Just Contra Costa committee, according to the Federal Election Commission’s database.

What the group has done is alert bigger spenders, such as the California Justice & Public Safety PAC, which is funded by George Soros, the liberal billionaire investor who has already funneled $1.5 million into the PAC and has spent more than $400,000 in the San Diego district attorney’s race.²

There is so much corruption in government at this point I don't see how it can ever be cleaned out, and that's from the DOJ at the top down to the local building departments at the bottom. There is little we can do about it at this point, but again I encourage all of you inspectors to be whistleblowers and expose the corruption you know about, we know millions in permit fees are being diverted to other uses.


¹ https://www.wsj.com/articles/about-that-fbi-source-1525992611

² http://eastbaytimes.ca.newsmemory.com/?token=1MqOgJ+hCxl/Yo1PpwREKJ4nOem+37gw&product=eEditionCCT