Can anyone give me some legal advice? I am being sued

[sgreger1]

Hey, so my family owns a small philipino restaurant in the mission district in San Fran.

Theres a guy homeless guy in a wheelchair that has been going around suing all the businesses who have a barrier to entry for disabled people, based on the 1990 American's with Disabilities Act law. He doesn't even live in San Francisco but he is going to all the local businesses with his lawyer and suing them if they have a step infont of their restaurant.

We have a small 2 inch step to get into our restaurant and he can't get in. We have been serving him at the door whenever he comes, we bring the food out to him. He wrote a letter requesting we get a ramp of some type. We can either get a permanent ramp or a portable one.

Portable ramp: $250
Permanent: $6,000

Se after about 2 months we are buying the ramp now. We just recieved a court summons saying the guy wants $4,000 for mental distress since he was discriminated against because he was handicapped. The ADA website says you only have to ge tth ramp if you can afford it, which we can. It also says that while you are in the process of getting it, it is okay to bring food out to disabled people at the door, which we have done.


This guy is suing everyone and getting $4k for each business he sues. He also reserves the right to file under a different law that allows him $1,000 for every day he was denied entry. This would cost us about $90,000. In california, the plaintiff ALWAYS wins these cases.



What should I do? I have to respons to a court summons but am not sure how to respond. I just want to tell the judge that "The guy sent me a letter asking if I could put up a ramp, I eventually put up a ramp and now he is suing me. I have done all that I can to comply, given me decreased amount of profit due to the recession. It took me about 2 months but I removed the barrier and am in compliance". But how can I convince the judge/jury to not charge us $4,000 for the mental distress this guy allegedly suffered by not being able to come inside to get his food?

[snusgetter]

Hate to say this but I think you need to at least talk to a lawyer.

Usually there's no charge for an initial consult.

Good luck.

[raptor]

Lawyer up.

How old is the business/building? Don't know how screwy California law is in this regard (sorry your state is f'd up), but it's possible there could be some grandfathering clause w/r/t ADA. I know that's the case for my HOA when we were sued years ago. It's still going to be a nightmare, sorry man.

e: I'm not a lawyer and this isn't legal advice.

[c.nash]

Wow. I would punch that guy in the face. You've been serving him and doing everything by the book so he definitely shouldn't win the case based on the information you have stated above.

[bakerbarber]

I've heard people call KFI asking about this guy when Bill Handle is on Saturday mornings. I stream his show at work on Saturdays, funny as hell.

Anyway, he pretty much has been telling people to get a lawyer. This guy is obviously an opportunist out to make a buck and is using his disability as a tool to do so. Between technicalities and the sad sight he probably put on in court, I bet he wins if people take it in front of a judge.

His $4,000.00 is probably a round number that most businesses and chains see as a lesser cost and hassle than to litigate. Definitely get a lawyer. DO NOT IGNORE a summons!

A lawyer may cost you a bit, I bet this prick would settle out of court for $1,000.00, you putting up the ramp, and a free meal.

[truthwolf1]

[lxskllr]

Weak... Screw the handicapped. Private business is private. Government should be handicapped accessible, but I see no reason to cater to extreme minorities for private businesses. I guess everybody has the "right" to Philipino food now :^S

Sorry Sgreger1, I don't have anything constructive to add, other than get a lawyer. Sigh... I F'n hate lawyers :^/

[EricHill78]

Sorry to hear about your plight.. Hopefully the judge will be understanding. Tell the judge your thunder frosted story to show your mental distress. I kid!

Truthwolf what does that pool have to do with anything? lol Maybe that's the house the homeless guy will buy if he wins all of his cases.

[sgreger1]

Lawyer up.

How old is the business/building? Don't know how screwy California law is in this regard (sorry your state is f'd up), but it's possible there could be some grandfathering clause w/r/t ADA. I know that's the case for my HOA when we were sued years ago. It's still going to be a nightmare, sorry man.

e: I'm not a lawyer and this isn't legal advice.

It was enacted in 1990, the building was considered an "existing facility" (meaning it existed prior to the law being enacted), and therefore was subject to a 90 day amnesty period, after which any complaints where then open to litigation.


The problem here is that these people target immigrant ran mom-and-pop stores because they know they will just fix the problem and pay the state required $4,000 minimum + lawyer fees and settle out of court. If you try to deny it, it usually costs upwards of $50k and almost no one wins, no matter how frivolous the lawsuit is. The bathroom alone has 95 regulations according to the ADA and it is impossible for any facility to actually reach 100% compliance, which is why ADA lawsuits are the new goldmine for California. Small businesses complained and of course the democrats responded by upping the minimum damages from $1,000 to $4,000. The republicans have been trying to pass laws that would allow business owners 90 days to fix something if a complaint is made, but they are struck down by the democrats every time.



Pretty much the guy has a legit lawsuit and he is going to get his money unfortunately. Hiring a lawyer will only add to the cost and the odds of me winning are nearly 0 because in California the judge almost always rules in favor of the plaintiff in regards to ADA suits.


Another thing is that the permanent ramp is technically something the property owner would have to do, but CA law considers our restaurant a "joint practice" between I, the tenant, and the landowner. We are required to figure it out by ourselves and just make sure the plaintiff gets paid. The problem is that the landowner is a rich guy who owns over 50 properties and he refuses to pay for it, and it willing to make it costly in court if we decide to try and make him pay. So no luck there.

The funny thing is that the same person can come back, after I already fixed the problem and paid him his $4,000 + lawyers fees and sue me again for something. Like for example if the door is too heavy to open or if everything isn't suited for his specific height, if the lettering on our menu is not specific to his disability etc. Stores in San Francisco are very small due to how many people live there and how expensive property is, so a restaurant may only have like 5 tables or a grocery store may only have 2 isles due to space limitations. If these isles are too short for example, they can sue (and will win), even though there is nothing you can do about this. This causes lots of pharmacies and small businesses to close in CA because it is too costly to conduct business in a place like San Francisco.


The ADA law states that the modification only needs to be made if it is "readily achievable", meaning if you can afford it, but it also says that pretty much if at any point in time you had the money, it should have been done. So technically after the first year if you haven't fixed everything than you are ****ed.

[truthwolf1]

Sorry to hear about your plight.. Hopefully the judge will be understanding. Tell the judge your thunder frosted story to show your mental distress. I kid!

Truthwolf what does that pool have to do with anything? lol Maybe that's the house the homeless guy will buy if he wins all of his cases.

Dark humor. sorry

[snusgetter]

Truthwolf what does that pool have to do with anything? lol Maybe that's the house the homeless guy will buy if he wins all of his cases.

I was just wondering the same thing!!

Actually, I was looking to find some thing/body in the pool!!

[sgreger1]

I guess everybody has the "right" to Philipino food now :^S

This law literally states that this is the case. I am literally being sued, on the basis of civil rights, because according to CA law everyone has a "right" to philipino food. No ****ing joke.

And i'm doing this in pro per, ****a lawyer it'll just ad to my cost. I can't really fight it anyways, it will end up costing more, and under the law this guy has a legitimate claim.

[Premium Parrots]

well if you are serving him food at the door then just put alittle something xtra in his food. Say........arsenic for example. Problem solved.

[snusgetter]

well if you are serving him food at the door then just put alittle something xtra in his food. Say........arsenic for example. Problem solved.

The KISS Philosophy ... gotta love it!!

[sgreger1]

I've heard people call KFI asking about this guy when Bill Handle is on Saturday mornings. I stream his show at work on Saturdays, funny as hell.

Anyway, he pretty much has been telling people to get a lawyer. This guy is obviously an opportunist out to make a buck and is using his disability as a tool to do so. Between technicalities and the sad sight he probably put on in court, I bet he wins if people take it in front of a judge.

His $4,000.00 is probably a round number that most businesses and chains see as a lesser cost and hassle than to litigate. Definitely get a lawyer. DO NOT IGNORE a summons!

A lawyer may cost you a bit, I bet this prick would settle out of court for $1,000.00, you putting up the ramp, and a free meal.

I love Bill Handle on KFI!


A lawyer won't do anything here though, i've researched this heavily and no one ever wins, even with a lawyer. It's CA and since this is a civil rights issue the court always rule in favor of the plaintiff, even if it is something frivolous like the volume in the restaurant was too loud. Just for being denied access via a barrier, he is entitled to a minimum of $4,000 + attorney fees, even if there is no damages or mental distress. That is the bare minimum I WILL have to pay, no matter how this plays out, no questions asked.

I am going to call his lawyer and try to settle out of court. Try to bluff and say I am willing to accept injuctive relief (fixing it), and paying his attorney fee, but I ain't giving the guy shit. The lawyer will hopefully be down with this, because he gets his cash and that's all he cares about.