Word: accessibility
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Dates: during 2000-2009
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Jarek Molski, 38, is a bit of a legend in legal circles. Disabled in a 1985 motorcycle accident that left him a paraplegic, he has filed 400 lawsuits against businesses under the Americans with Disabilities Act (ADA), alleging access violations. He was dubbed a "hit-and-run plaintiff" in 2004 by a federal judge and barred from filing any more lawsuits. Molski, of course, appealed to the U.S. Supreme Court, which finally rejected his case on Nov. 17 without comment. Molski must now petition the Central District Court of California and all state courts first before filing any new lawsuits...
Molski may sound extreme, but he is far from the only plaintiff who has filed hundreds of lawsuits under the ADA in California. A significant number of people who sue under the ADA have legitimate grievances and appear to be motivated by a sincere desire for access rather than monetary gain. However, according to David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, a small group of opportunists and select law firms are responsible for a huge percentage of the lawsuits. "I've seen plaintiffs that make Jarek Molski look like a Cub Scout," says Peters, whose...
...addition, inaccurate information about disabled access standards can leave even well-meaning business owners, who have had their premises inspected, vulnerable. Building inspectors and architects are sometimes misinformed about state compliance standards. In some cases, state and federal regulations are in direct conflict. For instance, California state regulations require a curb ramp to have a beveled lip, while federal regulations say the transition from ramps to walks, gutters or streets should be flush and free of abrupt changes. A new state law, S.B. 1608, approved by Governor Arnold Schwarzenegger and which goes into effect on Jan. 1, 2009, may only...
Andrew Imparato, president and CEO of the American Association of People with Disabilities, says his organization's biggest concern is that when the lawsuits are filed, a settlement may be reached, but the access issue is not addressed. "We'd like to see federal judges in a jurisdiction where lots of cases are being filed looking at the phenomenon and trying to work on a solution that results in improvements in accessibility," says Imparato, "and not lining the pockets of plaintiffs or boutique law firms that make a business...
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