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.
























I live in LA and none of this surprises me. There’s also here a huge Russian Mob community, committing insurance fraud all day, that gives us our nice insurance premiums. Nice artwork, as usual Pat. You’re an incredibly talented artist. God bless you that you do it for the cause of saving America.
Thank you for such a kind compliment.
SFWeekly did a story on this, one particular lawyer and client have filed hundreds of lawsuits. “Rolling for Dollars” might have been the title.
The other one is the handicapped parking placards - all street parking is occupied by these things. People get the sniffles and get a plackard.
“The first thing we do, let’s kill all the lawyers.”
From Henry VI
Why is no notice given? That’s just an invitation to frivilous lawsuits. We need some Tort Reform.
Thank you.
Thank you for alerting me to this particular scam — I will follow through and look for small business who might run afoul of the crooked cons.
One thing that I’ve noticed about the handicapped parking — is that most of the time the spots are empty (in WA state there are many near the entrances to large stores). That doesn’t bother me — but what I have noticed is the non-handicapped (with a handicapped tag on their car) use these reserved spaces.
In Florida — I watched a woman drive up and park in a handicapped space (her’s was the only vehicle in a dozen reserved spaces). She put the handicapped tag on her rear view mirror and then jumped out of her SUV and rushed into the store — wearing the highest heels I’ve seen in a long time.
Actually I’ve seen more abuses then actual handicapped using the spaces — cars with special permits being used as a way to take reserved parking.
It doesn’t surprise me that this sort of scam is happening in California. There is a regular cottage industry of phony accidents — etc. to the point that these scams have become plots in mystery novels.
Yes, this is an issue that needs further review. Courts should not allow these fraud-ass lawsuits, and it sure seems like a lot of people that aren’t handicapped have placards, I agree with Catfish. My Dad was given one by his Dr for no good reason I can think of–the man is capable of walking miles a day. Then his wife got hold of it & kept it when they split up!
Now my son also has a blue permanent handi placard as he has Musc Dystrophy and another congenital defect besides. He has several Drs & surgeons that all agree he needs it. He will always be entitled to the placard, although we only use it when necessary, & I have never, ever used it for myself. People parking in handicap slots w/o who aren’t handicapped or have a handicapped person in their car annoy the hell out me. My kid has had special therapy all his life & surgery last year, and for the time being he is walking almost normally. He has never ridden a bike or skateboard, but he is starting to play golf and basketball, and is using his wheelchair less and less.
Anyway, I didn’t mean to ramble on, just wanted to add in that even those of us that do deal with the handicap situation find these lawsuits outrageous & think there should be better regulating as far as who gets them.
Here in Houston an advocate for ADA compliance went after a historical ballroom in the Third Ward. This place was closed for years and finally began to reopen as part of the work of an organization that recognizes the history of this black community.
This venue was home to some of Houston’s legendary jazz musicians and singers and had many generations pass through its doors from 1939 until it closed in the early 1970s.
After Project Row House began to rebuild it, a local advocate for ADA started camping outside it to protest that it didn’t have a wheelchair elevator. He then accused the organization of not caring about the fact that it wasn’t ADA compliant and that they didn’t care about the disabled members of its community. He didn’t provide evidence of this lack of caring, just kept using it on his radio show to hound them for almost a year.
Every week his show went after this historical ballroom that is now more museum than anything else.
The questions posed to him were met with guilt tripping and dismissal. I remember someone called in and asked why he didn’t focus on venues that were more important and lacked ADA compliance and his answer was pretty much the same, “because these people of all should know better”.
He had picked it out because from his view these were people who were seen as leftist and thus one of his own. He wanted to host a Sierra Club meeting in this building and then turned it into a crusade.
I think he did more to discredit himself and did damage to the cause of supporting the ADA by being absolute in his determination that this venue, with almost no budget, would have to destroy one of the two side walls to install an elevator.
Local TSU students were asked to come up with engineering to add an elevator to the side, but without funding this would have been impossible, and would likely have altered the venue so much that it would cease to retain its original qualities.
Houston is notorious for not respecting its historical buildings and has no system for establishing the buildings as historical landmarks.
Why couldn’t he have taken to the airwaves to raise the money instead of hounding them, threatening them, and going after them with such a focus that you’d think they were pissing on the disabled?
Sometimes being right isn’t as important as having priorities. Maybe in time we’ll have enough progress to suit zealots like him, but as of yet, the building is unchanged.
http://projectrowhouses.org/eldorado-ballroom/
Thanks for highlighting an important issue, Pat. Many of those litigants and their lawyers are urban terrorists against businesses, disguising their extortionist tactics as doing good for the disabled, but are motivated by greed as they pocket big bucks. Otherwise, they would give businesses notice that they have 60 or so days to comply or they may be sued.
Action Item, Pat, good cartoon for the issue.
Have the ADA law amended to give 30 days notice to comply of any known violation. That is what should take place. Write your Congressmember.
I’d like to know what your friend was charged with, what were the stated violations or claims in the lawsuit? How much will it cost to cure the violations prior to the trial?
I’d file an countersuit, naming the ADA as a party to the action. If this is a true form of sue and get paid, then it has to be stopped.
Hi Johnny B,
I think it is a great idea to see if the law could be changed somehow to make it so that warnings are necessary before anyone can sue.
But these suits are by private parties. The subpoena my friend was served with claimed only “emotional distress” (no damages). The emotional distress is because the plaintiff wanted to go into the store and (supposedly) could not park his van according to ADA regulations and was mentally distressed because of it. This store is a tiny shop on Venive Blvd in L. A. with 6 spaces in the back and plenty of street parking. The plaintiff lives in San Diego and works with 2 lawyers and has filed several hundred such suits. For 12 thousand dollars (!!!) the suit demanding a jury trial will be dropped.
Unfortunately, terrorist tactics work only too well. We only have to look to the last Presidential primary. Here in TX, the terrorist tactics worked only too well to shut down the Clinton delegates and any resolutions they had were tabled at the state convention. They came away with nothing.
Now all one has to do is say they are entitled, and lawyers pop out of the woodwork like roaches. Political lawyers are the worst of the lot. Welocme to the land of scammers.
Great Cartoon!
It shows how good intentions can go wrong by making laws so complicated that experts may not even agree on its interpretation. Or, it is either to costly to comply with or so difficult to understand for the average person hat it makes it easy for people, even with good intentions, to make mistakes. It also shows the importance that when a law is passed, it needs to be backed with sufficient money to implement it over time or do not pass it. For examples is this ADA law, where sufficient money needed to be provided so that every building and safety department has inspectors who can inspect and enforces these laws with the power to require changes. Have people available in every building and safety department who are experts in this field available so that any business owner, even very small ones, can have access to expert advice. This should never be a legal issue because unfortunately there are always lawyers who, under the clock of doing good will take advantage of a situation, when it is obvious that their main goal is to make money. This ADA law and the way lawyers and there plaintiffs are using it is not good for business, and especially small business which everyone says is the backbone of this economy, and the relationships between, Americans with Disability, the public and businesses.
I do believe we need lawyers, but we also need a good system that will protect us from lawyer abuse regardless what the situation is. This cartoon and story are a perfect example of lawyer abuse and the abuse of the court systems, which are overloaded already.
Rich
Nice cartoon on a troublesome issue. While it would be nice to lay blame on these lawyers, they are actually just doing what the law allows them to do. This is true of the plaintiffs too. Obviously, arguments about the morality or ethical nature of bringing these claims won’t change their behavior. As a result, it seems that the law should, as you suggest, be changed to give business owners a chance to fix the identified problems before a court is allowed to grant monetary damages to a plaintiff who wasn’t really injured anyway.
Frightening Cartoon!
I feel that the ADA law is a good example of a good intention going wrong. The law is very complicated to comply with and easy to violate. For small businesses it can be so costly as to require that they go out of business. No funds or not sufficient funds were made available to help the Building and Safety Departments to hire and train inspectors who could provide guidance and inspections that would insure that compliance was done correctly and in a reasonable time table. There is not a department one could apply to for exception if it could be proven that the changes required would be so costly as to force someone out of business. We hear much redirect that small businesses are important for the economy, but this is an example where there is no help for small businesses to protect themselves from unreasonable costs or law suites brought about by plaintiffs and attorneys, who under the cloak of protecting people with disabilities, are mainly interested in getting money. If they were really interested in protecting people with disabilities, they would first warn the business of any problem and ask that they remedy it in a reasonable time. Then they would go to a department like building and safety and ask them to intervene if the work is not done. Next they would sue the business for compliance without asking for money for the plaintiff when the plaintiff was not actually damaged, just inconvenienced.
I know that I can get very upset when I have to wait in a long line. So what if I was able to sue a business for making me stand in a long line, wasting my time, and getting me upset. Would that be OK? How many businesses could I close doing that? What if I said I was suing every business I could find with long lines as a way of protecting the public and all those damaged by having to stand in long lines? Would you be willing to pass a law like that?
I know that the ADA issue is much more serious, but numerous law suites of small businesses who can not afford to defend themselves or are in fear of the legal system, and therefore pay extortion money to settle a case, is not the answer. It is these small businesses that are the back bone of this economy. In addition it causes an advisory attitude between those with handicaps, the public who often see handicapped spaces empty, while the parking lot is full because they had to take two to three spaces away for one handicapped space, and businesses who recent being told what they have to do to stay in business especially if they can not afford to comply.
I do believe we need lawyers, but we also need a good system that will protect us from lawyer abuse regardless what the situation is. This cartoon and accompanying story is a perfect example of lawyer abuse and the abuse of the court systems, which are overloaded already and cost all of us money.
Rich
The L.A. TIMES wrote a column on Jan. 5 about serial litigant, Thomas Mundy, who believes he is a disability rights activist rather than an extortionist. As one reader commented, “If he were truly interested in improving access for the disabled, he would alert the offending businesses to the problem or barrier and request that it be corrected.” Instead, Mr. Mundy sues for personal damages.
One guy actually got stopped by the Supremem Court and isn’t allowed to do this anymore. But in the meantime over 200 “professonal litigants” have been identified, most teaming up with the same few attorneys. They have this down to a routine.
BTW, found another little business that could never afford the ransom, let alone a trial, where there is a handicapped place, but it would not be van accessible (need an wide space on the side). If you have only one parking place, it MUST be van accessible. This little place had about 4 spaces.