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Politics : Formerly About Advanced Micro Devices

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To: Brumar89 who wrote (791455)6/23/2014 1:58:23 PM
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Wave Of Disability Lawsuits Threatens Small Businesses In Stanislaus County, California


Making a living from filing lawsuits.

Via Modesto Bee

A rash of discrimination lawsuits against small businesses appears to be spreading south from Sacramento through Stockton, Manteca and Ripon to Stanislaus County’s literal doorstep.

The latest wave swamped Barnwood Restaurant, a familiar Highway 99 sight that closed a few days ago after its owners were sued by a disabled woman claiming that its parking lot and bathrooms weren’t wheelchair-friendly.

The woman has brought 25 such lawsuits in the past two years, a Modesto Bee review found, including 15 this year and five in the past month.

Her Stockton attorney said he has filed about 46 recent cases alleging violations of the Americans With Disabilities Act. None targeted companies in Stanislaus County, he said, but added that he simply responds to clients’ complaints and does not control where they operate.

“I do believe the disabled have a right to equal access and it’s not something people should take lightly,” attorney Daniel Malakauskas said.

Others see mass production of legal challenges as a shakedown, often aimed at small-business owners whose easiest solution may be coughing up a few thousand dollars to make a threat go away.

“This is big money for these people,” said Rick Morin, a Sacramento attorney whose website encourages people to “fight baseless demands.”

Assemblywoman Kristin Olsen, R-Riverbank, noting the southward march of lawsuits, said professional plaintiffs are “on a rampage.”

She is sounding a warning to companies that might find themselves on the wrong end of “get-rich-quick schemes, where they’re literally driving by a storefront and taking pictures. It has nothing to do with a desire for getting things fixed and everything to do with generating income.”

In the Barnwood’s case, nothing got fixed, those suing got nothing and Ripon ended up with one less restaurant.

“We dumped every penny we had into the place and had no money to fight this,” said Don Lee, who took over the eatery with co-owner Ken Hildebrand about a year ago. “We were stuck, so we decided to close the doors.”

Lee said a server last month noticed a woman taking pictures outside, and three days later, he and Hildebrand were served with the lawsuit.

The document identifies Cynthia Hopson as a special education teacher who uses a scooter. The lawsuit found numerous faults with the Barnwood’s parking spaces, handrails, wheelchair ramp, entrance and restroom access.

[ I guess I'm surprised there are still small businesses in CA. ]
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