Devils Pushing Wheels
By Pat Racimora on January 9, 2009 at 3:00 AM in Current Affairs
Extortion schemes can pop up when you least expect them. And this one is a doozie. A new flavor of shakedown rivals those old-style protection payoffs to the mob from a most unlikely source. There are no threats to break kneecaps for noncompliance this time around, but the stability of hapless small business owners is put at high risk.
This story has relevance and urgency because every reader here can play an active role in stopping this new form of urban terrorism that endangers your favorite locally-owned hangouts from being financially gored. As a huge bonus, you improve access for the physically handicapped in the process. Best of all, it is so easy to do and costs you nothing. It only takes a little vigilance as you go about your daily business.
How the Shakedown Works
Now, before I go further let me assure you that I am all for the provisions in the ADA (American Disability Act) regulations. Everyone should have reasonable access to our community businesses. But behind every worthy goal that contains even a sniff of red meat, predators lurk nearby.
Here’s how the shakedown works. Lawyers and physically handicapped allies troll small businesses that are unlikely to be able to afford trial attorneys. They look for any feature that is not in strict compliance with the ADA regulations. Maybe the handicap parking space is an inch short or could be placed a few feet closer to an entryway. Or the sign is not quite high enough. The counter space or hook on the bathroom door are not quite low enough. But the proprietor receives no warning, no “30 days to fix or else” opportunity.
Instead, the proprietor learns first about the problem in the form of a subpoena, insisting on a jury trial. Yes, a jury trial. Clever! Even if these little businesses could afford lawyers, how likely are they to prevail in court against a plaintiff in a wheel chair? It doesn’t matter that the plaintiff lives 200 miles away and would be unlikely to even actually go into the targeted businesses. It doesn’t matter that the plaintiff and his attorneys have filed hundreds of these suits.
But wait! The plaintiffs and their lawyers offer you a way out. Just fork over several thousand dollars and they will go away.
It’s the perfect extortion. After all, the lawyers don’t want to go to trial. That would take up the time they could be tracking down and citing new victims. And the counter-offer is one most little businesses cannot afford not to take. Trying to fight would cost far more than the amount of the ransom.
These suits are not few and far between. Thousands of them have been filed in California alone, wounding some small businesses deeply, especially in these hard times when they are struggling to survive as it is.
Easy Targets—But Why Didn’t They Know Better?
An attempt to shake down a Marie Callenders early on failed because that large chain had the resources to go to trail—and the restaurant won. So, only little guys are preyed upon.
Well, you say, even if they are small businesses, shouldn’t the owners have made sure everything was up to ADA snuff? Yes, of course. Ideally. But the ADA regulations are extremely complex–92 pages of excruciating detail. Take a look here. Hundreds of provisions could be off by a few millimeters. And considerable confusion and misinformation prevails. There is the mistaken belief that if the building is old, you get “grandfathered” in on everything. Or if you only have a 6 or fewer parking spaces, you are exempt. Actually, there are very few exemptions, and these are for extraordinary circumstances. The rules for the number of van spaces, in particular, are very confusing.
Foreign-born business owners and managers are especially ripe targets because they are more likely to be less well informed and are more vulnerable quarry.
The Counterpunch—This Scheme May End Up Harming the Physically Handicapped the Most!
These tactics may be enriching some physically disabled individuals who do this for a living, and making even bigger fortunes for the lawyers involved. Indeed, it is becoming a cottage industry. But they harm all physically handicapped persons in two ways.
First, as word gets out of these shakedown schemes, business owners and their employees are increasingly suspect of any handicapped person coming on to their premises, viewing them as potential enemies. That is a most unfortunate perception to heap upon a huge cohort of innocents already up against unfair stereotypes.
Second, as my friend tells his own horror story (and it is a story victims tell every time they get the chance) the angry reaction by others has sometimes been to declare that charitable giving will no longer be forthcoming to groups supporting the physically disabled, instead switching to other worthy causes. As one stated, “I won’t support any cause that supports terrorist tactics.”
So, unfortunately the very group that the ADA laws were created to enable may suffer from their twisted application by a few greedy opportunists in the long run. But there really is something we can all do.
Our Activist Role—and a Win-Win
These serial litigants attempt to put lipstick on this hog by claiming that the ADA laws will not work unless guerrilla tactics are used. Alas, they have also unwittingly created the answer to both shutting them down and greatly enhancing compliance with ADA regulations.
When my friend was sued, I learned first hand the personal devastation to a tiny business with just a handful of parking spaces, one not marked quite right. Sure, ignorance is no excuse, but how about a little warning? They won’t do that—there is no money in it. But we all can do it, and use what is going on as a powerful motivator.
I read over the ADA regulations for the main points (see link above). I made one copy. Then I also watch as I go into every shop and eatery. In just a week I have found 3 businesses including my favorite restaurant that could be targeted. I tell them of my concern that they could be hit with no warning whatsoever, and I want to preclude that from befalling them. I hand them a card with the ADA link written on it (and offer a short-term loan of my copy of the ADA regulations if they don’t have easy computer access.) I have made copies of this No Quarter article and hand them that as well. They all seemed very interested and said they would look into it immediately.
Please go out and help your community businesses avoid being sued and promote ADA regulations while you are at it. As I said, a win-win.
Read Carol William’s article in the Los Angles Times for more about this issue.























