Word: ada
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Molski may sound extreme, but he is far from the only plaintiff who has filed hundreds of lawsuits under the ADA in California. A significant number of people who sue under the ADA have legitimate grievances and appear to be motivated by a sincere desire for access rather than monetary gain. However, according to David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, a small group of opportunists and select law firms are responsible for a huge percentage of the lawsuits. "I've seen plaintiffs that make Jarek Molski look like a Cub Scout," says Peters, whose...
California, along with Hawaii, Illinois and Florida, is a particular hotbed for ADA lawsuits and the law firms that bring them to court. "California may be the worst in the country," says Peters, citing several factors for potential abuse, chief among them two California statutes that provide $1,000 or $4,000 in minimum damages, plus attorney fees, per each successful claimant. Many claimants multiply these damage amounts by the number of conditions they observe at a property. This frequently results in $50,000 or more in damage demands, says Peters. Some serial claimants will file for damages against dozens...
Perhaps unsurprisingly, Molski's attorney, Thomas Frankovich, says his client and the dozen or so serial ADA plaintiffs his firm has represented are activists and crusaders. Frankovich dubbed Molski (who does not have a criminal record) "the sheriff" because "he started going into town to clean it up." Frankovich says he has filed 223 ADA lawsuits on behalf of Molski. (Molski used other attorneys to file his other suits.) Frankovich says Molski began suing only after his letters to offending businesses were ignored. (Molski was out of the country and couldn't be reached for comment.) Says Frankovich: "Letters...
...Frankovich himself is being charged by the state bar of California on three counts of misconduct, stemming from ADA lawsuits he filed on behalf of Molski. One count alleges that Frankovich's litigation strategy amounted to a "scheme to extort money from defendants." Says Frankovich of the charge: "It's an absolute fabrication based on absolutely no supportive facts. Using the fact that he filed 223 lawsuits as evidence of a scheme is absurd. His rights were violated in 223 cases where significant architectural barriers existed...
Part of the problem, Peters says, is that California has higher standards than the federal ADA mandates, leading some business owners to mistakenly believe they are in compliance when they are not. The federal standard requires businesses to do what is readily achievable - that which can be carried out without much difficulty or expense, determined by practicality and the financial resources of the individual business. In California the standard is any discrimination or distinction in the way a business provides goods or services to the able-bodied and disabled. "If you fully comply with the ADA - and only with...