Disabled attorney, group of Julian businesses sue each other

By: SCOTT MARSHALL and TERI FIGUEROA - Staff Writer | Monday, January 9, 2006 10:24 PM PST ∞

NORTH COUNTY ---- A disabled attorney from San Diego and a group of Julian businesses with which he has sparred over access laws have filed suits against each other in federal court in San Diego.

Attorney Theodore Pinnock, who has cerebral palsy and uses a wheelchair, alleges in a lawsuit that eight businesses violated federal law by failing to provide equal access to the disabled.

A group of dozens of businesses that received letters from Pinnock in which he threatened to sue them, allege in a separate lawsuit that Pinnock has tried to shake down their establishments for money.

The business group alleges that a series of disputes about whether Pinnock's tactics have been appropriate, and whether a commitment from the businesses to improve access is sufficient, remain unresolved.

The businesses are asking the court for an order declaring the "rights and obligations" of both sides in those disputes outlined in the lawsuit and for an injunction requiring Pinnock to comply with "all applicable law" and "appropriate professional standards."

Pinnock's lawsuit seeks a court order requiring eight specified businesses to remove barriers to access for the disabled and for an unspecified amount of money damages.

A group made up of about 38 businesses calling itself Julinians Against Shakedown Tactics filed a lawsuit Dec. 27 against Pinnock and two groups with which he is affiliated. Nine days later, on Jan. 5, Pinnock and one of his groups, Mantic Ashanti's Cause, sued eight Julian businesses and their owners, all of whom are part of the business group that is suing Pinnock. He also sued the owners of the property where the businesses are located.

The lawsuits are the latest moves in a dispute that began in November when Pinnock threatened to sue 67 Julian businesses unless they made their shops more accessible to people with disabilities and paid him $2,500 each. Pinnock said 18 of those businesses have agreed to settlements, agreeing to fix the access problems and paying less than he had requested from them.

Pinnock alleges in his lawsuit that he went to Julian on Nov. 11 and 12 but was not able to visit any of the businesses named in the lawsuit because "they are not accessible."

The barriers that Pinnock alleges prevent access for the disabled include step barriers to the entrances of the "Stonewall Stores" with no visible alternative entrance, counters that are too high, and a lack of accessible seating.

Pinnock's lawsuit alleges that lawsuits like his are necessary to get businesses to comply with the Americans With Disabilities Act. The law went into effect in 1992 and is meant to prevent discrimination against people with disabilities.

The lawsuit the businesses filed against Pinnock, however, raises questions about the tactics the attorney used in Julian, including sending letters with short deadlines and the threat of having to pay more money if agreements aren't reached quickly and reaching settlement agreements that may not be enforceable against him.

Attorneys David W. Peters and James C. Mason, who represent the Julian businesses suing Pinnock, could not be reached for comment Monday afternoon.

The business group alleges Pinnock's "sole motivation" for visiting the town was "to identify potential claims he could make against Julian businesses for purposes of obtaining a financial settlement."

The business group alleges Pinnock reached "in kind" settlements with a hotel and restaurant in Julian so he could use them as a "staging area" for his November visit. Pinnock said Monday that the business group is wrong and that he never agreed to any "in kind" settlements.

The business group's lawsuit also alleges that 40 businesses have made an "irrevocable commitment" to make access renovations at their businesses. But when they wrote to Pinnock to inform him of that and asked him to reconsider his financial demands, he responded that he would begin working the next day "non stop" on lawsuits against the businesses, the lawsuit alleges.

Pinnock said Monday that he planned to sue the businesses anyway and that their lawsuit against him did not prompt him to file his lawsuit. Pinnock said that the lawsuit against him is "total nonsense" and that "there is no legal basis for it."

"They filed that complaint because they wanted publicity, and they want you to report on it," Pinnock said. "And the facts don't even matter because they don't have a legal claim, and they know it."

Pinnock also said that he was "happy" to see the lawsuit against him because it is "making me into a celebrity" and that his client base is increasing.

Contact staff writers Scott Marshall and Teri Figueroa at (760) 631-6623 or smarshall@nctimes.com or (760) 740-3517 or tfigueroa@nctimes.com. To comment, go to nctimes.com.

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