Julian can help disabled and fight lawyer
By: North County Times - Editorial | ∞
Our view: Business owners should fix access problems, then resist cash grab by attorney who exposed deficiencies
Business owners in Julian, that quaint piece of San Diego County history, have two big problems: The shops and restaurants in the historical village are tough to navigate for disabled people, and this town disgrace has provoked a legal form of shakedown from a lawyer who wants the facilities fixed, along with at least $200,000 for his trouble.
Business owners in Julian should immediately make reasonable modifications to their buildings to comply with state and federal laws designed to allow disabled people to enjoy facilities that are open to the public. Then they should band together and refuse to pay the $200,000.
Theodore Pinnock, who uses a wheelchair, is the San Diego lawyer who woke up the sleepy mountain tourist town. He says a recent weekend trip to Julian was ruined when he found that none of the businesses he visited were in total compliance with the federal Americans with Disabilities Act.
Pinnock has demanded that 67 businesses make fixes and pay him not to sue them ---- his minimum cash demand is $2,500 per business. If owners delay paying him, his price goes up. If they go to court, he says they could owe him $125,000 ---- for each lawsuit ---- for his legal costs and fees.
His tactics are ugly, but Pinnock makes an important point.
ADA has transformed the nation for the better in just 15 years. Its requirements ---- such as blue-striped parking spaces, curb ramps and wider bathroom doors ---- have granted no less than freedom for millions of Americans. In California even tougher access laws have been on the books for nearly 30 years.
As a practical matter, decades of highly publicized lawsuits mean that no business, large or small, has a good excuse for failing to open its doors to disabled people. Even last year's Proposition 64, which limited shakedown lawsuits for routine business code violations, steered clear of laws that ensure access to the disabled.
But advocates for the disabled point out that there are many companies that still don't get it. Julian, for example, has long had a reputation for being a bad place to visit if you are in a wheelchair.
Even without the threat of lawsuits, the smart business owner will find ways to welcome the growing ranks of aging, free-spending baby boomers.
On the other hand, society simply must stay engaged in the struggle against creeping legal liability for just about everything. While small-business owners should know about ADA requirements, nobody can keep track of the ever-expanding universe of government regulations.
A key aspect of open-access laws and other well-meaning government attempts at social engineering is that officials don't police the resulting requirements.
Lawmakers generally delegate enforcement to the civil courts, to lawyers like Pinnock and their clients. There is an elegant use of market forces embedded in this approach: Lawyers have a financial incentive to find problems, which in turn gives business owners plenty of incentive to fix problems before the lawyers show up.
The trouble is that over decades, trial lawyers have generally gained political clout at the expense of business. The resulting blizzard of litigiousness has become a job-destroying drag on the economy.
While legislators wrestle with how to limit abusive lawsuits without rolling back legal protections, ordinary people retain a powerful tool: They can resist paying the shakedown lawyers. The reality is that businesses with reputations for paying legal settlements tend to attract lawsuits, and those that fight lawsuits tend to have fewer of them.
The 67 owners in Julian should quickly fix their access violations, if any, and thank Pinnock for bringing them to their attention. Then these 67 should pool their resources to fight Pinnock's grab for cash.
California's legal system isn't pretty, but that's how it works.
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ex-Republican wrote on Dec 14, 2005 4:13 AM:I humbly suggest that whoever wrote this editorial should study ADA and Julian. You will discover that the cost of fully implementing ADA in Julian is unimaginable.
Writer wrote on Dec 14, 2005 4:59 AM:Perhaps historic buildings are partially exempt from ADA requirements. If so, Julian should get every historic building listed as such on the Federal Registry.
Jeff wrote on Dec 14, 2005 10:33 AM:Just by the passage of Federal ADA and Prop 64 requirements it is clear the the American Public is compationate and recognizes a duty of freedom for everyone. Do we want, however, to place burdens on businesses in historic places like Julian that will in-turn "handicap" small service and commodity business to a point where compliance will necessitate closing of their doors. Sometimes, by placing a greater emphasis on the few, we violate the rights of the many.
LaDonna wrote on Dec 14, 2005 11:35 AM:Next, he'll go down to the beach and find someone to sue if they don't replace the sand on the entire coastline with something less fine and less likely to hinder wheelchairs...something like, oh, concrete! Then he'll go further into the water and threaten to sue if someone doesn't do something about adding more salt to the ocean to increase bouyancy so that his wheelchair will be suspended in the water and he can swim. Then...etc, etc, etc. Get over yourself, pal. Unfortunately you were handed a lemon, but don't attempt to make lemonade with other people's sugar and water!! Either get used to the sour taste and get on with your life or figure out how to sweeten it using YOUR OWN RESOURCES! With your attempts at extortion, you're creating anger and resentment, not sympathy, empathy or understanding.
Richard wrote on Dec 14, 2005 4:31 PM:As a General Contractor I have been responsible for trying to upgrade older buildings to meet the current but ever changing ADA requirments for my customers, (small business). It usually requires substantially more space, (in the order of 2 times as much or more), to make just the bathrooms and their hall access ALONE, meet the ADA requirements. Commonly, the older buildings, such as in Julian, simply do not have the space without adding on to them or rebuilding them to "come up" to ADA requirements. It can then become almost impossible to get permision from the permiting agency (city-county) to increase the size of the building (to meeet the ADA requiremnts) because the current old building fails to meet earthquake requirements and you can't expand because the septic system installed years ago (no sewer in rural areas) cannot meet the new requirements either. In additon, in older areas it is common for a permit request to add more area or to do a substantial remodel will trigger addition exterior offsite improvments such as street-light, curb, gutter, and sidewalks, closer fire plugs, additional parking etc. It is frequently the case that older "historic" buildings are almost imposible to "bring up" to current ADA standards without costing so much that the economic use of the building is destroyed. If you should be so unlucky as to have a two story building and need to provide ADA access to the second floor, be prepared to spend $60,000 plus for an elevator plus the cost to remake the building around the elevator area with subseqent loss of space where the elevator is installed on both stories. Even a few steps up to get into an older wooden floored building can require a ramp much longer than you would imagine for ADA access. Were will that ramp be placed when space is already extremely limited. Mr Pinnock has found a complex set of regulations which give him the ability to become a legal extortionist. I expect he is an expert in this area of the law. I pity the shopowners and businesses that are now under his legal eye. They have no idea how difficult and expensive (if evenpossible) it can be to conform to ADA requirements in older buildings with limited space.
Traci wrote on Dec 20, 2005 12:30 PM:Just a few clarifications to the above comments: Richard, ADA requirements are not "ever changing" as you suggest. This federal law was passed fifteen years ago; clarifications in the requirements are only made when cases go to court, which then establishes case law. Furthermore, recent court decisions have weakened the requirements of the ADA by narrowing the definitions and applicability of the law. In addition, tax credits to help small businesses comply with the requirements are available. Buildings that are officially designated as "historic" can claim exemptions from the law, as can those businesses that would face an "undue burden" if forced to comply. Given the fact that Mr.Pinnock specializes in this type of law, I would assume he believes the businesses in Julian do not meet any of the above criteria for exemptions. Finally, I really feel I must respond to LaDonna's comments, although I scarcely know where to begin. It is so unfortunate that a lack of understanding and empathy continues to hamper the independence of individuals with disabilities. When you tell Mr. Pinnock to "use his own resources" I can only hope you are not suggesting that people with disabilities should be forced to bear the full cost of paying for public accessibility issues? Do you also believe that children with disabilities should be charged for receiving a public education? Again, I can only hope that I misunderstood your comments. Perhaps, LaDonna, it would behoove you to spend a day or two using a wheelchair while attempting to go about your daily routine. I think you would quickly become frustrated when you see how lack of access creates unnecessary difficulties in accomplishing the simplest tasks. You might gain a valuable new perspective, the first time you encountered a building without an elevator and were left with the choice of either leaving or crawling up a flight of stairs to accomplish your objective. No one is suggesting that beaches be paved with concrete (we have special wheelchairs for places like that). What we are suggesting is that a fifteen year old law be fully implemented and followed, without whining and complaining. It is unfortunate, that many businesses continue to flout the law, until a lawsuit is threatened. However, if lawsuits are what it takes to accomplish accessibility for the millions of Americans with disabilities, I am fully in favor of them. Only when this country is fully inclusive of all its citizens, will we "get over ourselves."
Denise wrote on Jan 5, 2006 7:32 PM:I have to respond to LaDonna's comments. What planet are you from? Have you ever heard of the civil rights movement. Dr. Martin Luther King changed the world for many Americans that were being discriminated against because of their skin color. Attorny Pinnock is doing the same for the disabled. I have a disabled child, I guess you could say I got dealt a lemon. How dare you tell a disabled person to just deal with there disability, you insensitive -
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