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Project Insomnia

Project Insomnia is many things, but in this context it is simply a "braindump" of whatever I happen to be thinking/reading/watching/doing at the moment. Parental guidance suggested.

Tuesday, September 21, 2004

Predatory ADA lawsuits

There's this guy, Jarek Molski, in Woodland Hills, California. He's a paraplegic and makes his business suing restaurants and other small business who are, he claims, not ADA-compliant. To date, he's sued somewhere in the range of 250-500 businesses in California for up to $1.6 million each--alleging "injury and humiliation" at each and every one.

The most recent case is Roy's Drive-In, in Salinas, in Monterey County, California. Molski has sued the 1950s-era drive-in eatery because it doesn't have ramps to access the walk-up windows and restrooms. Beverly Patterson, wife of Roy's owner Roger Patterson, says that the restaurant employees are always happy to provide car service (it's a drive-in, remember) to customers who request it. Because of the suit, Roy's will be serving their last customer today.

This is, as I said, only the most recent. Molski has sued many other restaurants and businesses, some of which have been forced to close and are still liable for harsh civil penalties. Even other equal-access activists are bemoaning Molski's efforts, as the San Luis Obispo Tribune reports:
Mike Ward of San Luis Obispo, a former city fire chief, said Wednesday that Molski has given wheelchair users a "bad rap."

Ward, a quadriplegic, told other members of SLOCO Access, "I don't want to see businesses, especially the smaller ones, close down. Everybody shares the same concerns."

Jay Feldmann of Arroyo Grande is concerned that restaurants won't want to see disabled people and will view them as pariahs.

Bill Walther, also of Arroyo Grande, puts it in even starker terms: "We need to make T-shirts that say, 'I'm not a terrorist.' "


I respect the needs of people who use wheelchairs or who have access issues. I recognize the responsibility of businesses, and of society, to provide equal access to everyone. However, forcing small businesses--the backbone of the American economy--to close using these lawsuits is wrong.
|| Andrew, 10:59 AM || ||

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