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Was ADA lawsuit a shakedown or deserving?

mark handler

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Was ADA lawsuit a shakedown or deserving?

Jim Winsor

JIM WINSOR - SDGLN NIGHTLIFE COLUMNIST

September 5th, 2013

The Mo’s Universe family of restaurants/bars in Hillcrest (which includes Urban Mo’s, Baja Betty’s, Gossip Grill and the Hillcrest Brewing Company) has a solid reputation in the community for being a friendly and inviting place for all people, including those with disabilities.

For example, they recently helped sponsor a grassroots effort to raise $65,000 for a local disabled volunteer, donating thousands of dollars themselves to the cause.

Thus it came as a great surprise to many when they announced via their various Facebook pages that they had recently been hit with a lawsuit under the Americans With Disabilities Act (ADA):

“Our company has recently been sued by Chris Langer, a disabled gentleman with nearly 400 lawsuits filed in Southern California.

"We would like to bring attention to a current loophole in the Americans With Disabilities Act allows for an automatic judgment without any notice to the business to attempt to make a correction."

These lawsuits can be very expensive to the businesses that are on the receiving end of them, costing around $12,000 to settle once legal expenses are factored into the mix. And what horrific crimes against the disabled did Mo’s commit to warrant such a costly penalty?

“We are being sued because the stripes in our handicapped space were not wide enough. It was a correction we were happy to make, and one that has gone un-noticed for 21 years. Additionally, the area within the stripes must be clearly marked. A handicapped parking sign is not enough.”

There is no word yet on whether any other gay businesses in the Hillcrest area have been targeted by this litigation machine. Regardless, it’s probably wise for business owners to enlist the services of a qualified access specialist, and self-inspect yourself against a potential lawsuit.
 
Now the disabled are attacking the gay business owners.

There is no word yet on whether any other gay businesses in the Hillcrest area have been targeted by this litigation machine.
Only in California does this mentality exist. I hope
 
I won't even weigh in on the gay issue. Again, you can pick this apart from either side, were they compliant, yes or no. Did they have an opportunity to, at any time, come into compliance? Did it truly, keep this individual from enjoying the same experiences at this establishment? From what the info has provided, this was a BS case. Don't get me wrong, I believe that after 20 plus years, if a business has not made a legit attempt a coming into compliance, they are fair game. JMHO
 
This goes back to something I've been saying for a long time. The ADA like many other codes are too specific in many cases. It certainly needs to specify the size and number of parking spaces, width of doorways, slope with ramps etc. How much good does it do for it to specify the type of markings on the pavement, the size of signs, etc.? Having so much detail doesn't help those with disabilities but makes it much more difficult for businesses to comply and for inspectors to inspect.
 
Msradell said:
This goes back to something I've been saying for a long time. The ADA like many other codes are too specific in many cases. It certainly needs to specify the size and number of parking spaces, width of doorways, slope with ramps etc. How much good does it do for it to specify the type of markings on the pavement, the size of signs, etc.? Having so much detail doesn't help those with disabilities but makes it much more difficult for businesses to comply and for inspectors to inspect.
The ADA is not a code.

The Guidelines and standards are specific

The "codes" IBC and California codes are specific

It's the fallacy of "I'm grandfathered"
 
Additionally, the area within the stripes must be clearly marked. A handicapped parking sign is not enough.”
In my state the courts will toss out a ticket issued to a non handicap vehicle parked in an accessible stall if there is no sign.

because the stripes in our handicapped space were not wide enough
I wonder by how much?

I have to admit I have never measured the width of a stripe. The visually impaired probably shouldn't be driving
 
If all he could find is the width of the painted lines then this is BS abuse. Complete and total BS abuse of the system. That is taking it too far when you have properly SIZED and marked parking areas. How is there possibly a loss for him? Since this is a news article, I am assuming that there is a mistake in reporting and there is more to the story. Maybe there are more violations and with poor reporting the owners are steering the story by only disclosing part of the story.

I see it all the time when we get phone calls from politicians asking why we held up a C of O for a constituents business for a simple ADA sign on a bathroom, when in-fact there were actually 10 other violations more serious.
 
I am wondering which restaurant they are talking about regarding the striping issue. I have been to Hillcrest Brewing several times. This is a relatively new build out. The space and the toilet facilities comply. I have not seen the parking area, but it is in a strip mall and it is not dedicated to this one user. Next time I am in there I will scope out the parking, but I doubt I will have a tape with me, and the beer is just average so it will be awhile. Too many extraordinary breweries to visit in this town.
 
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