mark handler
SAWHORSE
Shops sued over access to disabled
http://www.hidesertstar.com/news/article_efab0c62-0fff-11e5-a8c0-6fc8e30bfe8d.html
By Josh Allen, Hi-Desert Star | Posted: Wednesday, June 10, 2015 11:06 pm
MORONGO BASIN — At least nine lawsuits were filed by one man last month, claiming that businesses in the area were not in compliance with the Americans with Disabilities Act.
The cluster of lawsuits was the latest in a long line filed by Cecil Shaw, who has more than 200 similar suits in California and 500 nationally, in what has become a multimillion-dollar industry.
Shaw’s legal representation is handled by Mark Potter of Potter Handy, LLP in San Diego, which advertises itself as “A consumer and civil rights law firm handling cases throughout the great state of California” on its website.
Potter did not respond to several calls over two weeks from the Hi-Desert Star requesting a comment. Business owners facing suits from Shaw argue the lawsuits are aimed at profit instead of change.
Christine Pfranger, owner of Coyote Corner in Joshua Tree, said she was happy to fix the issues highlighted in the lawsuit and did it right away.
“I didn’t know we were out of compliance or we would have fixed those issues already,” Pfranger said.
“We had all of the issues fixed before we were ever served any paperwork.”
The store added a shower with handicapped access, opened up space in the aisles for wheelchair access, lowered the countertop to 36 inches, added new paint to the handicap parking spot and installed a new door handle.
“He told us he came into the store in March, but we don’t believe he was ever here,” Pfranger said.
“He didn’t file until May and he is offering to settle for $4,000 for himself and $14,000 for his attorneys.”
Owner of Mikes Liquor Ravinder Kaur said she would understand the lawsuit if Shaw had been injured on her property because of a violation.
“It is really hard for us because it already costs us money to fix the issues,” Kaur said. “I feel like what he is doing is the same thing as robbery. He is just doing it to get money from us that we don’t have.”
Kaur said she is still contemplating whether to settle the lawsuit or hire an attorney, but can’t afford to do either.
Assemblyman Chad Mayes has co-authored an Assembly bill aimed at ending lawsuits like Shaw’s. “Abusive lawsuits targeting local small businesses who unintentionally violated ADA requirements threaten the livelihood of too many of our neighbors who create jobs in our community,” Mayes said.
“The priority must be ensuring that businesses can accommodate people with disabilities, not providing greedy trial lawyers with ways to get rich quick at the expense of small businesses.”
The original version of Mayes’ bill would have allowed businesses 60 days to come into to compliance with accessibility requirements before facing any penalties, if the standard involved had changed within the past three years. The most recent version would provide a tax credit to help businesses ensure they are in compliance.
“Either plan would help protect local small businesses from abusive lawsuits, and I hope to see one or both signed into law,” Mayes said.
For Pfranger, the most important thing is that people are aware of the ADA standards before Shaw ends up in their town.
“I would love if everybody in the state of California could find out about it so they could avoid going through this situation,” she said
http://www.hidesertstar.com/news/article_efab0c62-0fff-11e5-a8c0-6fc8e30bfe8d.html
By Josh Allen, Hi-Desert Star | Posted: Wednesday, June 10, 2015 11:06 pm
MORONGO BASIN — At least nine lawsuits were filed by one man last month, claiming that businesses in the area were not in compliance with the Americans with Disabilities Act.
The cluster of lawsuits was the latest in a long line filed by Cecil Shaw, who has more than 200 similar suits in California and 500 nationally, in what has become a multimillion-dollar industry.
Shaw’s legal representation is handled by Mark Potter of Potter Handy, LLP in San Diego, which advertises itself as “A consumer and civil rights law firm handling cases throughout the great state of California” on its website.
Potter did not respond to several calls over two weeks from the Hi-Desert Star requesting a comment. Business owners facing suits from Shaw argue the lawsuits are aimed at profit instead of change.
Christine Pfranger, owner of Coyote Corner in Joshua Tree, said she was happy to fix the issues highlighted in the lawsuit and did it right away.
“I didn’t know we were out of compliance or we would have fixed those issues already,” Pfranger said.
“We had all of the issues fixed before we were ever served any paperwork.”
The store added a shower with handicapped access, opened up space in the aisles for wheelchair access, lowered the countertop to 36 inches, added new paint to the handicap parking spot and installed a new door handle.
“He told us he came into the store in March, but we don’t believe he was ever here,” Pfranger said.
“He didn’t file until May and he is offering to settle for $4,000 for himself and $14,000 for his attorneys.”
Owner of Mikes Liquor Ravinder Kaur said she would understand the lawsuit if Shaw had been injured on her property because of a violation.
“It is really hard for us because it already costs us money to fix the issues,” Kaur said. “I feel like what he is doing is the same thing as robbery. He is just doing it to get money from us that we don’t have.”
Kaur said she is still contemplating whether to settle the lawsuit or hire an attorney, but can’t afford to do either.
Assemblyman Chad Mayes has co-authored an Assembly bill aimed at ending lawsuits like Shaw’s. “Abusive lawsuits targeting local small businesses who unintentionally violated ADA requirements threaten the livelihood of too many of our neighbors who create jobs in our community,” Mayes said.
“The priority must be ensuring that businesses can accommodate people with disabilities, not providing greedy trial lawyers with ways to get rich quick at the expense of small businesses.”
The original version of Mayes’ bill would have allowed businesses 60 days to come into to compliance with accessibility requirements before facing any penalties, if the standard involved had changed within the past three years. The most recent version would provide a tax credit to help businesses ensure they are in compliance.
“Either plan would help protect local small businesses from abusive lawsuits, and I hope to see one or both signed into law,” Mayes said.
For Pfranger, the most important thing is that people are aware of the ADA standards before Shaw ends up in their town.
“I would love if everybody in the state of California could find out about it so they could avoid going through this situation,” she said
