mark handler
SAWHORSE
Star Restaurant survives ADA lawsuit
Settlement reached regarding accessibility claims
http://hanfordsentinel.com/news/local/star-restaurant-survives-ada-lawsuit/article_bf535eac-e83f-549c-ac33-87442bf7e0f1.html
By Mike Eiman Staff Reporter
Escobedo v. Funahashi et al: STIPULATION FOR DISMISSAL OF ACTION- Read it Here
http://hanfordsentinel.com/escobedo-v-funahashi-et-al-stipulation-for-dismissal-of-action/pdf_4f41f626-a733-56f5-8eaf-3baac8e5e455.html
Hanford’s historic Star Restaurant has settled a recent lawsuit alleging the business didn’t comply with the Americans with Disabilities Act of 1990.
Star Restaurant owner Ratha “Roger” Nop had initially feared that the lawsuit would be so costly that it might put him out of business.
“Actually we survived, thank God,” Nop said.
Fresno County resident Jose Escobedo, represented by the San Jose-based Moore Law Firm, filed the suit on June 23. According to the U.S. Eastern District Court of California, the case was dismissed on Nov. 20.
Eddy Funahashi, who owns the building that includes the Star Restaurant and Ed’s Tick-Tock Jewelers, said the property has been inspected by a Certified Access Specialist (CASp). He is working to correct the accessibility issues identified by the inspector.
“We’re doing as much as we can to correct all barriers and become compliant,” Funahashi said.
Escobedo’s complaint says he requires a cane or walker for mobility, suffers from arthritis and is missing a digit on his dominant hand. He allegedly encountered the following accessibility issues while visiting the restaurant on April 7:
•A steep ramp at the entrance and a high threshold over the doorway
•No accessible seating at the counter due to fixed swivel stools located on raised platform
•Cash register was too high, making it difficult to reach up to pay for his meal over the counter
•Route to restroom was cracked and uneven
•Narrow set of double doors leading to restroom difficult to open while holding a cane.
•Door leading to toilet room was narrow and had round doorknob, making it difficult to enter
•Toilet was low and lacked grab bars, making it difficult to lower himself and stand up
Funahashi said the lawsuit made him realize that most businesses built before ADA went into effect are out of compliance in some way. He said the law provides a “gray area” for older buildings, particularly those of historic significance.
The Star Restaurant has been in business at Sixth and Irwin streets since 1901.
ADA has required all new construction since 1992 to comply with ADA standards. A common misconception among business and property owners is that older buildings are automatically grandfathered in if they don’t comply with ADA standards. Historic buildings must comply with ADA to the “maximum extent feasible.” Alternative standards may apply if the alterations would destroy the historic significance of the building.
Nop said that many of the issues in Escobedo’s claim were excluded from the settlement. He said some of the issues could not be fixed without completely reconfiguring the century-old building, which is located in the city’s historic district.
“We are trying to do what we can do,” Nop said.
The Star Restaurant was one of 13 Hanford businesses Escobedo sued between April and July 2015. Nine of those cases had been settled or dismissed as of Monday. Businesses with ongoing cases against them include La Fiesta Mexican Restaurant, Mike’s Grill, Donut King and A&W Restaurant
Funahashi referred all questions regarding the specific terms of the settlement to his attorney, Mario Zamora of Griswold, LaSalle, Cobb, Dowd & Gin. The Hanford law firm represents several of the affected businesses including the Hanford Chinese Kitchen, Mike’s Grill, Donut King and A&W Restaurant, as well as Lemoore businesses like White Top Restaurant and Best Buy Market.
Zamora said the settlements in most of the cases he’s handled have included $4,000 for the plaintiff plus $4,000 to $6,000 of attorney fees. The defendants have also had to pay for CASp inspections, plus any improvements deemed necessary.
“Some of the fixes don’t cost anything,” Zamora said. “But some of them can be significant.”
Funahashi described the lawsuit as “devastating” for him and Nop.
“Neither of us has ever faced a lawsuit in our lives,” Funahashi said. “We’ve become aware of what it takes to defend ourselves.”
Zamora said that businesses can protect themselves from lawsuits by having a CASp inspection and beginning work to correct “readily achievable” accessibility issues.
“It makes you much less of a target,” Zamora said.
The reporter can be reached at 583-2458 or meiman@HanfordSentinel.com. Follow him on Twitter @MikeE_HS.
Settlement reached regarding accessibility claims
http://hanfordsentinel.com/news/local/star-restaurant-survives-ada-lawsuit/article_bf535eac-e83f-549c-ac33-87442bf7e0f1.html
By Mike Eiman Staff Reporter
Escobedo v. Funahashi et al: STIPULATION FOR DISMISSAL OF ACTION- Read it Here
http://hanfordsentinel.com/escobedo-v-funahashi-et-al-stipulation-for-dismissal-of-action/pdf_4f41f626-a733-56f5-8eaf-3baac8e5e455.html
Hanford’s historic Star Restaurant has settled a recent lawsuit alleging the business didn’t comply with the Americans with Disabilities Act of 1990.
Star Restaurant owner Ratha “Roger” Nop had initially feared that the lawsuit would be so costly that it might put him out of business.
“Actually we survived, thank God,” Nop said.
Fresno County resident Jose Escobedo, represented by the San Jose-based Moore Law Firm, filed the suit on June 23. According to the U.S. Eastern District Court of California, the case was dismissed on Nov. 20.
Eddy Funahashi, who owns the building that includes the Star Restaurant and Ed’s Tick-Tock Jewelers, said the property has been inspected by a Certified Access Specialist (CASp). He is working to correct the accessibility issues identified by the inspector.
“We’re doing as much as we can to correct all barriers and become compliant,” Funahashi said.
Escobedo’s complaint says he requires a cane or walker for mobility, suffers from arthritis and is missing a digit on his dominant hand. He allegedly encountered the following accessibility issues while visiting the restaurant on April 7:
•A steep ramp at the entrance and a high threshold over the doorway
•No accessible seating at the counter due to fixed swivel stools located on raised platform
•Cash register was too high, making it difficult to reach up to pay for his meal over the counter
•Route to restroom was cracked and uneven
•Narrow set of double doors leading to restroom difficult to open while holding a cane.
•Door leading to toilet room was narrow and had round doorknob, making it difficult to enter
•Toilet was low and lacked grab bars, making it difficult to lower himself and stand up
Funahashi said the lawsuit made him realize that most businesses built before ADA went into effect are out of compliance in some way. He said the law provides a “gray area” for older buildings, particularly those of historic significance.
The Star Restaurant has been in business at Sixth and Irwin streets since 1901.
ADA has required all new construction since 1992 to comply with ADA standards. A common misconception among business and property owners is that older buildings are automatically grandfathered in if they don’t comply with ADA standards. Historic buildings must comply with ADA to the “maximum extent feasible.” Alternative standards may apply if the alterations would destroy the historic significance of the building.
Nop said that many of the issues in Escobedo’s claim were excluded from the settlement. He said some of the issues could not be fixed without completely reconfiguring the century-old building, which is located in the city’s historic district.
“We are trying to do what we can do,” Nop said.
The Star Restaurant was one of 13 Hanford businesses Escobedo sued between April and July 2015. Nine of those cases had been settled or dismissed as of Monday. Businesses with ongoing cases against them include La Fiesta Mexican Restaurant, Mike’s Grill, Donut King and A&W Restaurant
Funahashi referred all questions regarding the specific terms of the settlement to his attorney, Mario Zamora of Griswold, LaSalle, Cobb, Dowd & Gin. The Hanford law firm represents several of the affected businesses including the Hanford Chinese Kitchen, Mike’s Grill, Donut King and A&W Restaurant, as well as Lemoore businesses like White Top Restaurant and Best Buy Market.
Zamora said the settlements in most of the cases he’s handled have included $4,000 for the plaintiff plus $4,000 to $6,000 of attorney fees. The defendants have also had to pay for CASp inspections, plus any improvements deemed necessary.
“Some of the fixes don’t cost anything,” Zamora said. “But some of them can be significant.”
Funahashi described the lawsuit as “devastating” for him and Nop.
“Neither of us has ever faced a lawsuit in our lives,” Funahashi said. “We’ve become aware of what it takes to defend ourselves.”
Zamora said that businesses can protect themselves from lawsuits by having a CASp inspection and beginning work to correct “readily achievable” accessibility issues.
“It makes you much less of a target,” Zamora said.
The reporter can be reached at 583-2458 or meiman@HanfordSentinel.com. Follow him on Twitter @MikeE_HS.
