(Small Town)Julian hit by legal firestorm

SAN DIEGO UNION ^ | Dec. 24, 2005 | J. Harry Jones

[little jeremiah]

How many times have you gone to shop, seen 8 empty disabled parking spaces, and the rest full?

Sometimes I have trouble walking but don't have a blue card, won't get one.

One source of this problem is the feeling of entitlement. Not everything in life is equal. Can't be.

[YOUGOTIT]

It is called by other names: Protection money for the mafia goons; Pay off to the Mafia; Insurance for the Mafia; Or just plain outright blackmail.

Bitta Bitta Boom.

[ridesthemiles]

This is an historic town. The buildings deserve to be preserved, and not altered.

This is another idea run amuck.

[sgtbono2002]

I had a friend who bought an old place of business. He was opening a car parts store.He remodeled and was about ready to open when the County inspections came in. He had to widen the front door, He had to make all the aisles where his parts were stored handicapped available, he had to redo his bathroom which is only for employees. All this had to be done just in case in the future some handicapped person applied for a job. All money thrown away when he was on a tight budget to begin with. He has been in business for 10 years and I dont think a handicapped person has come in looking for a carbureter yet. Another friend was working for the government she paid for a parking space in the government building where she worked. They came in and said they needed more space for handicapped parking and took her space. she had to go 3 blocks away to park. So she went to her Doctor got a handicapped sign from him and now she parks closer than her old spot and she doesnt have to pay anything.

[USS Alaska]

"Well, I give him credit for finding a shakedown niche that Jesse Jackson hasn't taken yet."

Look to see jesse in a wheelchair come next year.

[Starwolf]

Well it looks like I am going to be the only one to *very mildly* support the ADA here.

To start off with, I do have mobility issues. On good hip days I ride one of my motorcycles, on bad hip days its the car and parking in a handicapped slot (yes I have a blue placard).

Under the ADA, an attorney can only recover costs, not contingency fees or other profit. However, even at cost legal stuff can get expensive. There are a few lawyers out there who manage to do to nothing other than ADA, but its not a way to get rich. They are called ADA mills and worse.

The way the law was intended to work was that a complaint would be filed, if valid, a compliance plan is worked out(what need to gets fixed and by when), its recorded with the court, and things move on. Defendant pays for legal costs plus the cost of the modifications.

There is no effective defense against a complaint. The rules are very clearly written and quantitative. The "its too hard or too expensive" defenses are specifically not allowed. Many argue over that part of it and I have some sympathy with their position.

There are some really egregious actions on both sides of ADA compliance. As a person who needs the blue space some days, I *LOVE* reporting illegal parking in them to the cops and I also report the improper use of placards. I don't count parking space ratios, measure doorways or any of that. Once you need a blue space, you become very protective of them. Ag

I believe I have posted here in the past about issues in this area at my daughters former high school. Best was a statement by a vice Principal he did not think that the ADA and UFAS applied to them since the district made those decisions. I corrected their thinking forcefully without having to file a formal complaint about the total lack of slots. Later several of their staff got those expensive tickets for parking in marked stalls *WEG*

My brother does an occasional ADA complaint. A paralegal who works for him is in a wheelchair. They only file when there is no other way to address the issue. A recent conversation with him was enlightening. 1) The ADA lawsuit mills are in rapid decline, having pretty well filed on everything out there. 2)If you file ADA suits for people (valid or nuisance), you become a target. A number of the mills have been put out of business that way (yeah!) but other attorneys have also been caught in the frag pattern. 3) Many of the ADA mills were sloppy. They did not record judgments properly and cut other corners. Not surprising since there is not any real profit in it. If you think a building/business owner gets mad with the first complaint, wait until he gets another one from another lawyer. He has had that happen a number of times.

Overall the law is a mixed blessing. I like the "lack of profit", but wish there was a better standard for resolving access issues for historical building and ones where modification is impractical. It has solved a lot of access issues, and has incorporated accessible design into building code and design practice. Overall a good thing.

[jazusamo]

Leave it to an attorney come up with a legal extortion scam.

[10mm]

The wheelchair ramp and entrance to our shop is ADA-compliant. A morbidly obese paraplegic in an extra-wide wheelchair could not fit through our door and sat outside, screaming he was going to sue us for violating his rights. I told him to go f--- himself and get off our property, or I would have him arrested for tresspassing.

We never heard from him again. Fascist POS.

[Doohickey]

Thank you, George H. W. Bush for signing this into law. Must run in the family or something.

[dljordan]

Sounds like the lawyer needs a bullet behind the ear.

[Alter Kaker]

You Americans are crazy. In Israel we have an anti-amublance-chaser law that makes it illegal for a lawyer to repeatedly file these kinds of suits. If they try, they lose their license are faced with huge civil and even criminal penalties. This man should be in jail.

[dalereed]

Julian needs to post a sign at each end of town stating "handicapped not allowed in this town".

[CyberAnt]

The misconception is that because of the ADA - everybody is REQUIRED to make these adjustments.

NOT TRUE!!

The law says that you only have to make those adjustments IF SOMEONE COMPLAINS .. and not a day before.

In the City of San Diego, we have a disabled couple who live on this law. They purposely go around to all the restaurants in town, and when the ADA adjustments have not been made - they sue.

[Serb5150]

Local news ping.

[bannie]

Exactly. The lawyer found his lottery.

[Keith in Iowa]

>>>ADA is one of the worst laws ever enacted. Bob Dole should be ashamed of himself.<<<

Bob Dole is not to be blamed for the ADA. Tom 'DungHeap' Harkin is.

[Jigsaw John]

ADA is one of the worst laws ever enacted. Bob Dole should be ashamed of himself.

Most supermarkets and stores/and malls have 20 plus handicap spaces to park in. It's a joke. One can sit there watching people pull into those spaces with the handicap placard, and no one gets in or out of their cars using wheelchairs or crutches. All seem to walk perfectly fine.

We always watch those that use these parking spots. Very seldom does anyone ever park there that actually needs to.

[Heatseeker]

In Israel we have an anti-amublance-chaser law that makes it illegal for a lawyer to repeatedly file these kinds of suits. If they try, they lose their license are faced with huge civil and even criminal penalties.

Israel just moved way up the list of possible places to retire to for me.

[Tammy8]

I understand what you are saying, but sometimes you can't tell a person's disability by looking at them. I had a dear friend who had a placard because she had respiratory problems to the point she could not walk far; she would just lose her breath. She got a lot of dirty looks for using handicapped spaces, but then her illness progressed to the point where she could no longer walk even short distances and had to get a scooter.

My husband has never gotten a placard, but is eligible- he can walk also; but only short distances. His legs were injured by a mine in Vietnam, as he ages his joints hurt badly if he has to walk far at all. My sister had one when she was terminal with cancer- you just really can't always tell by looking who really needs the handicapped spaces.

[Jigsaw John]

I understand what you are saying, but sometimes you can't tell a person's disability by looking at them.

Of course, I agree. However, when there are 50 handicapped parking stalls at the local mall or where ever, it's clear after watching people come and go, walking as normal as any perfectly healthy person, very few are legitimately physically handicapped to the point where they need or require front row parking.

On the flip side of that, many times I've seen supermarkets where the parking lot is jammed where there are few if any available places to park, yet there are 20 unoccupied handicapped spots. I could see 2 or 4 parking bays for those that honestly need it, but now there are dozens. It's ridicules.

I have often wondered how many times someone that is wheelchair bound can not find an empty handicapped parking spot because they are all taken by people that got their physician to sign off for a placard for less than legitimate reasons.