4 replies to this topic

[Califanna]

I recently became a victim indirectly from federal lawsuits filed by Attorney Theodore Pinnock here in California. Attorney Pinnock is filing suit against small business owners and literally single handedly closing their businesses one by one. I feel most displeased that he doesn't give warnings of non-compliance, but merely surprises these owners with papers and mounds of paperwork. Out of four business owners being sued, three of the owners have been great about outreach to the disabled community with haircuts in the home, nursing home and free haircuts. While, one owner has even given free internet connections and system set-up for the disabled for free or at rock bottom prices. I have pleaded with Mr. Pinnock to put his efforts towards the landlord and not the tennants, however I have not received a reply. I have worked really hard at developing this relationship over the past two years for this outreach, and now believe that should Mr. Pinnock pursue the Federal Lawsuit, these owners will all have to close their shops. I will then have to start from scratch to build this relationship with other business owners.

MY QUESTION TO ALL: IF YOU ARE A SMALL BUSINESS OWNER, SHOULD YOU BE GIVEN A WARNING FIRST REGARDING ADA ISSUES? SHOULD THE CUSTOMER ASK THE BUSINESS OWNER TO ABIDE BY THE ADA MANDATES? THEN BE GIVEN A REASONABLE AMOUNT OF TIME TO ABIDE. IF NOT, THEN SUE....

Edited by Califanna, 21 September 2006 - 10:15 PM.

[Joed]

A couple of years ago, I learned about a growing practice whereby ADA investigators were going into businesses, claiming to have had numerous complaints regarding non-compliance, which were later found to be bogus,....causing extreme hardship on establishments, yet big bucks in the attorney's pockets.

Most of these businesses had gone well and above the ADA requirements in order to ensure that their customers with disabilities had every access possible...and their regular customers with disabilities were shocked to learn that fines had been brought against them.

It's a racket....I have to wonder if this isn't what has happened here as well. I'd want to identify exactly who brought the complaint against the business....I'm banking on that it wasn't someone with a disability at all.

In answer to your question...it's my understanding that a place of business is supposed to be given a reasonable amount of time to complete accomodations, once the problem has been properly identified and brought to their attention.

[livewriter]

http://www.ada.gov/

Small businesses under 15 employees can file exemptions from ADA requirements with the exception of new business development (must be built accessable)

Now, the question to ask is "is he targeting disabled owned businesses or just businesses in general?"

Here's what the law says concerning removal of barriers:

ADA Title III
Sec.36.304 Removal of barriers.
(a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.


Sec.36.303 Auxiliary aids and services.

(a) General. A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense.


In essence, you can't close an establishment down without substantiated proof that violations exist, have been documented, and without first identifying "undue hardship" guidelines. As for offering free service and such, the burden of proof is on the owner's side.

By the way, Pinnock is not a government lawyer and as such can only sue through proper channels, district->state->supreme court so it's not a federal lawsuit nor sanctioned by the federal entity. He's a disabled lawyer who can't get a real case so he makes up his own... Being near influential people in DC, we see his type alot. Get a degree and create your own job. Maybe he should learn to spell first: check his site..
http://pinnockwakefieldlaw.com/

And just for non-bullshitting sake, here's me and Dole along with a person I can't allow to be Identified.:

So find another disabled lawyer to countersue..Or start a petition by the disabled stating their belief of ethical violations of their individual rights and have his license revoked..

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[Califanna]

"Now, the question to ask is "is he targeting disabled owned businesses or just businesses in general?"

Yes, Pinnock is targeting all small businesses in certain areas. First it was a county attraction, Julian, a city up in the Mountains. Then he targeted another county attraction, Alpine, a city that has the country allure. Now he is targeting businesses in La Mesa, a suburb of San Diego. My dilemna is this, "Should my allegiance be with the disabled community, who say a few broken eggs is the way we must go to get business owners to get accessible."

I always thought the purpose of ADA was to have governments become the watchdogs to get our country accessible. However, I have found that should I start a business tomorrow and I lease space in a building that is not completely accessible, they don't have an accessible bathroom, I could be sued. This is what is happening to my friends, who have been so supportive to the disabled community by being there for events with money and physical presence.

Since you are where the legislation is passed that affects us all, what is their take on getting ADA to flourish throughout the land? I have found that here in California, abidance is non-existent even at the local level by cities. My local city says they can't make their City Council Chambers accessible, because it would cost too much so they have avoided it and simply created a group that handles complaints by giving out perks to it's concerned citizens.

How do we get these go getter lawyers with their deep pockets from ruining it for the rest of us? Eventually, we might go backwards in that businesses will put up signs saying "We do not serve the disabled".

[livewriter]

If you think paving the world is what the ADA stands for or says, it's not the case. Still many business in DC that aren't accessible. Went to buy condo units to rent but non accessible. The "small town- they're too stupid to know" attitude is what that lawyer is banking on. Read the ADA cause for every section there's a subsection on how to get around it.