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ADA Suits Close Another Beloved Eatery
www.overlawyered.com ^ | 9/20/04 | www.overlawyered.com

Posted on 09/20/2004 8:51:45 PM PDT by TortReformer

ADA suits close another beloved eatery

Once again it's happening in central California: "After more than 40 years in business, Roy's Drive-In in Salinas is closing -- in part because the owner can't afford a lawsuit that accuses him of violating the Americans with Disabilities Act." Jarek Molski of Woodland Hills in southern California, who uses a wheelchair, "is suing Patterson because he claims the restaurant is in violation of the Americans with Disabilities Act. Molski has sued over 200 small businesses for not meeting ADA requirements. ...Built in the 1950s, Roy's Drive-In does not have ramps to access the windows and restrooms, but employees say the business is accessible to all of their customers -- including the disabled," through car-hop service. The restaurant is scheduled to close today. ("Roy's Drive-In Closing After 40 Years", TheKSBWChannel.com, Sept. 20; Claudia Melendez, "Roy's Drive-In to close", Salinas Californian, Sept. 18). Last year (see Sept. 2, 2003) On Lock Sam, a beloved 105-year-old Chinese restaurant in Stockton, closed after being hit with an access suit.

Complainant Molski has been known to call himself "Sheriff", and his activities (assisted by lawyer Thomas Frankovich) have caused an uproar lately in central California. His suits repeatedly recycle identical allegations concerning the lack of accessibility of establishments he says he has visited, and demand money over such putative misdeeds such as placing paper towel holders at an incorrect height. Hundreds of residents "filled the Morro Bay council chambers" after Molski hit a dozen local restaurants with suits. (Andrew Masuda, "Residents speak out over ADA lawsuits", KSBY, Sept. 14). "Customers are calling Molski's tactics a get-rich-quick scheme," reported KSBY. Molski is "asking for $4,000 a day until the remodeling is completed," says Ruth Florence, who owns Ahedo's Mexican Restaurant in Grover Beach. "That's ridiculous." (Carina Corral, "China Bowl owner speaks out", Sept. 15). More coverage on the same station: Sept. 8, Sept. 9, Sept. 10, Sept. 14.

Nor is Roy's Drive-In the only casualty: "Owners of The Hungry Fisherman restaurant on Beach Street in Morro Bay say that Molski's lawsuit caused the establishment to close after 28 years." (Lindsay Christians, "Disability suits worry Morro Bay", San Luis Obispo Tribune, Sept. 14). More coverage in the same paper: Sept. 11, Sept. 15, Sept. 15 again, Sept. 16, Sept. 18. San Diego-based lawyer Amy Vandeveld has also represented Molski (Matt Krasnowski, "Flood of ADA lawsuits irks small businesses", Copley/San Diego Union-Tribune, Sept. 12). For Morse Mehrban's recent activities in Fresno, see Jul. 9. For much more about disabled-rights filing mills, see Mar. 9 and links from there, and my City Journal article, "The ADA Shakedown Racket".


TOPICS: Business/Economy
KEYWORDS: extortion; racket; tortreform

1 posted on 09/20/2004 8:51:45 PM PDT by TortReformer
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To: TortReformer

Edwards is so pleased.


2 posted on 09/20/2004 8:54:47 PM PDT by SmithL (Vietnam-era Vet - Still fighting Hillary's half-vast left-wing conspiracy)
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To: TortReformer

If this guy can get up and walk, he needs an ass-whippin'.


3 posted on 09/20/2004 8:55:11 PM PDT by stboz
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Comment #4 Removed by Moderator

To: SmithL

Makes me sick...let's close down all of the small businesses in this country...damn trial lawyers...


5 posted on 09/20/2004 8:56:18 PM PDT by TortReformer
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To: TortReformer

"Customers are calling Molski's tactics a get-rich-quick scheme," reported KSBY. Molski is "asking for $4,000 a day until the remodeling is completed," ...

$4,000 a day...no wonder Edwards is worth $50 million....


6 posted on 09/20/2004 8:57:43 PM PDT by TortReformer
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To: stboz

He doesn't need to be able to walk...just find a conservative wheelchair guy to open a can of whoopass on him.


7 posted on 09/20/2004 8:58:33 PM PDT by borisbob69 (Old shade is better than new shade!)
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To: stboz

My husband worked at a hotel in Redondo Beach in the early '90's and their was a guy like this going around and suing all the businesses for ADA compliance. They nicknamed him 'Old Ironsides'.


8 posted on 09/20/2004 8:58:52 PM PDT by antceecee (MSM...time after time after time after time they tell lie after lie after lie after lie.)
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To: TortReformer
IMHO, He (and his J@ck@$$ lawyer) seem to have taken a cue from Jesse "I have a scheme" Jackson on how to make a quick buck.

..and we had warned people about this lawyer employment act many years ago.

9 posted on 09/20/2004 9:01:15 PM PDT by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :)
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To: TortReformer
As I recall, right down the road from Morro Bay are some really scary rocky cliffs-- you know the kind that if you get too close you could roll fall off onto the rocks below. The story just reminded me of that.
10 posted on 09/20/2004 9:03:02 PM PDT by fat city (Julius Rosenberg's soviet code name was "Liberal")
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To: TortReformer
Some new regulations have grandfather clauses.
I can see ADA requirements on government buildings
and new businesses.
How long before they make private houses have to
build ramps in case a handicapped person wants to
canvas a persons home.
11 posted on 09/20/2004 9:03:34 PM PDT by HuntsvilleTxVeteran (Rather calls Saddam "Mister President" and calls President Bush "bush")
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To: stboz

"If this guy can get up and walk, he needs an ass-whippin'."

Don't discriminate!


12 posted on 09/20/2004 9:04:22 PM PDT by Razz Barry
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To: TortReformer

thank you, GHWB, for your rino domestic policies and the ADA.


13 posted on 09/20/2004 9:09:38 PM PDT by flashbunny (RINO's pleading for unity means they want to sabotage the republican party in peace.)
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To: TortReformer

This restaurant guy is lying. The refit of a restaurant for the average restaurant is afforadable and pays in dididends when the disabled learn of the change. I have defended many companies making this same claim initially and we always find an affordable way to refit.


14 posted on 09/20/2004 9:12:15 PM PDT by PackerBoy (Just my opinion ....)
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To: HuntsvilleTxVeteran

How long before they make private houses have to
build ramps in case a handicapped person wants to
canvas a persons home.

look for this if sKerry/Edwards gets in...


15 posted on 09/20/2004 9:18:25 PM PDT by Rakkasan1 (Justice of the piece:excuses are like forged Bush guard memos;everybody's got one.)
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To: TortReformer

The ONLY good thing about a communist state is that they kill all the laywers first!


16 posted on 09/20/2004 9:23:08 PM PDT by Max Flatow
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To: TortReformer

What a freakin' scumbag. All he is out to do is make a name for himself, and he doesn't give a whit about all the people effected by his treachery.


17 posted on 09/20/2004 9:56:03 PM PDT by vpintheak (Our Liberties we prize, and our rights we will maintain!)
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To: stboz

His handicap should be verified and confirmed with extreme predjudice.


18 posted on 09/20/2004 10:19:57 PM PDT by glorgau
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