Lately, Scott Johnson has been driving to San Jose, Santa Clara, Los Gatos and counties in the East Bay. He exhausted Sacramento and Stockton for years filing hundreds of lawsuits. He has filed over 2000. Did he really go to those businesses as a real patron? Did he intent to go with the intent to enjoy the goods or services like a non-disabled patron? Or, is he doing “drive-bys” looking for ADA access non-compliance to then decide to visit the facility to set it up a lawsuit for green backs?
The ADA has massive building codes designed to enable the disabled to gain access to public accommodations (businesses open to the public). For example, the codes provide measurement and slope specifications, regarding the location of a disabled parking space (closest to the entrance), the colors of the striping (blue borders), the parking space slope (2% in all directions), the door width, the door pressure, transaction counters, handicap signs and so forth. California has similar codes in Title 24 of the California Building Code. Under the ADA, and California law, disability discrimination occurs when there is a code violation. It’s almost strict liability in California. There are very few defenses for businesses, and the California Judicial System favors the disabled. Hence, most businesses (landlord an tenants) pay out the ransom to settle.
You can take pro-active measures to start complying with the ADA and the California disabled access codes. There is no grandfather clause/protection. The ADA provides that every business must remove barriers to the disabled that are easy to do without much difficulty or expense. There are some historical exceptions, and others too, however, the judges are reluctant to enforce them.
Is your facility compliant? Call Ms. Catherine Corfee, Esq. at 916-487-5441 or altern 916-812-7322 for an initial confidential consultation at an affordable flat rate. She knows almost ever Plaintiff attorney and has been up against almost all of the plaintiffs in Northern and Southern California. She knows their arguments and methods of operation.
Ms. Corfee Esq. worked for two United States Federal District Magistrate Judges and two private law firms before starting her own in 2003. She also performs confidential site inspections for businesses and/or housing facilities.
CORFEE STONE & ASSOCIATES - 916-487-5441 www.corfeestone.com; firstname.lastname@example.org