Disability access lawyer brings battle to North County

By: TERI FIGUEROA - Staff Writer | Thursday, November 9, 2006 11:04 PM PST

NORTH COUNTY ---- The lawyer who raised hackles a year ago when he sued dozens of Julian businesses over lack of access for the disabled brought his fight to Solana Beach on Thursday.

A lawsuit targeting Cole's Carpets in the Cedros Design District is one of 300 that attorney Theodore Pinnock says he has filed since his self-dubbed "Julian Experiment" made headlines.

Pinnock, who himself has cerebral palsy and uses a wheelchair, is well-known for his many lawsuits targeting businesses over disability access issues.

Pinnock argues in the new lawsuit, filed Thursday in federal court, that wheelchair-using visitors to the Solana Beach location of Cole's Carpets are greeted by steps at the entrance, with no ramp or lift to help them enter the store.

Attorney David Peters, who has battled Pinnock many times in court, is representing Coles in a suit Pinnock filed earlier this year that challenges access issues in another Coles location in San Diego. Peters said he'd not yet seen the suit filed Thursday targeting the Solana Beach location, but said his client is still fighting the first suit.

Pinnock's latest lawsuit comes a year after he made headlines for sending letters to 67 businesses in the mountain hamlet of Julian, demanding that store owners and landlords make their shops accessible to the disabled ---- and pay up to the tune of $200,000 ---- or he would take them to court for violating federal civil rights laws guaranteeing access.

Business owners and others balked, calling Pinnock's notice letters a shakedown tactic to make money.

The ire led Pinnock to drop his practice of sending out the notice letters ---- which he said actually helped prevent lawsuits by seeking settlements before the issue landed in court ---- and instead would take his complaints straight to court.

Under the law, businesses can be fined for $4,000 for each violation of access, payable to the person who filed the discrimination claim.

In the year that has passed since the "Julian Experiment," Pinnock said, he has filed more than 300 access lawsuits in federal court ---- nearly eight times the number of lawsuits he filed in all of 2005.

Before 2005, Pinnock said, he averaged about 100 lawsuits a year.

Pinnock has repeatedly said that lawsuits such as those he files are necessary to get businesses to comply with the Americans With Disabilities Act, a 16-year-old federal civil rights law guaranteeing access for the disabled.

Many of Pinnock's critics argue that the issue of access would be better served if Pinnock would simply notify businesses of violations ---- and gave store owners time to make fixes before filing suit.

Business owners in Julian have called Pinnock's negotiating tactics "shakedowns."

In a statement e-mailed to the North County Times on Thursday afternoon, Pinnock took issue with that characterization, and argued he should not be targeted for trying to get payment for his time.

"It would be insane to say a divorce lawyer should not make money on a couple's unhappiness," Pinnock's e-mail stated. "It would be ridiculous to say a bankruptcy attorney should not charge a person going bankrupt. ... However, disability rights lawyers and disability plaintiffs are expected to seek compliance only. There is a crisis in this country, but it is not what the news is reporting."

Attorney Peters ---- who is also representing many of the targeted Julian businesses ---- said the suits were more about money than access.

"When you make a business out of being discriminated against, you reach a point where there has to be enough discrimination each month to pay your bills."

In September, one of the Julian business owners took his concerns about Pinnock's lawsuit to Washington to testify before a congressional subcommittee looking into disability access laws.

At the time, U.S. Rep Darrell Issa, R-Vista, who recommended that Harry Horner testify for the subcommittee, said he'd like to see legislation passed that would give business owners a grace period to fix the problems if someone complains ---- before the complaint ends up as a lawsuit.

-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

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Press 1 for English, Press 2 for Deportation wrote on Nov 10, 2006 1:55 AM:Hey Pinnock, if you are really interested in helping people adversely affected by a lack of access, you should approach businesses, notify them, and then sue if they don't comply. You are clearly just out to make a buck and you make me sick (I'm a lawyer too and embarrassed to be part of the same profession as you).

Paul wrote on Nov 10, 2006 5:09 AM:This is legal theft. Next time you go to Julian, talk to some of the folks up there! This guy is not a lawyer, he profanes his profession.

morty wrote on Nov 10, 2006 1:26 PM:i can say some people are sic an he is maybe in a wheelchair but his mind is sicker.when i go some place and cant go in i sit and wait i never even consider it an inconvience for me.this guy reminds me of the fellow that just died ho wanted the cross to come down,they are TROUBLE MAKERS.THEY are lost in their own mind and want everyone to suffer with them.BE HAPPY . DONT LET HIM TAKE YOU WITH HIM.

Reardon wrote on Nov 10, 2006 1:55 PM:Mr. Pinnock, and his fellow ADA activist lawyer in LA, Morse Mehrban , have succeeded to doing the near impossible ? degrading even further the reputation of lawyers! Most professions can best police their ranks, but in the case of lawyers it is always a race to the bottom. Someone must always be there because there always is a bottom, but the ?there? gets lower and lower in the lawyering ?profession.? The good news is that lawyers know they rank right along with used car salesmen, politicians and journalists, the bad news is that they do nothing to change the perception. Bottom-feeders have lost the ability to be shamed.

Harry wrote on Nov 10, 2006 2:30 PM:Access isnt something nice we do for people who have mobility limitations, it is a RIGHT. Any business owner can do his own survey to see if his facility is accessible--that isnt rocket science. He doesn't need to be given a heads up that a person in a wheelchair can't make it up a flight of stairs. If he has any question, he can hire a consultant. Attorney Pinnock is being damned if he does pre-advise Julian businesses and then damned when he doesn't as with Coles Carpet. It isnt his job to go around giving out free accessibility consultations.

morty wrote on Nov 10, 2006 2:33 PM:HAPPY HOLIDAY YOU MUST BE SLEEPING HOPE YOU ARE WELL.JACK PALANCE JUST DIED 87 LIFE WHAT A BLAST..

When are you hitting Vista? wrote on Nov 10, 2006 4:45 PM:Pinnock, now that the anti-business Prop L has passed in Vista, the businesses there are ripe for attack. They will never know what hit them! First their patrons stop coming because they will have to pay more in taxes, then they get hit with a law suit for ADA. Oh yes, their property taxes have been increased due to the passage of Prop M for Palomar, after already going up for VUSD's Prop O. Wow, you could litterally shut down a whole city simply by filing a few law suites. Can you dig it? Then you can come in, buy up all the houses of those selling out, rent them to the illegals running from Escondido, and make even more. What a racket. I dare any of you sleazeball lawyers to take this challenge. How long do your think it will take?

Been There Done That wrote on Nov 10, 2006 5:59 PM:Isn't this a warm and wonderful welcome for all the amputees and disabled vets coming home from Iraq? Try and push your wheelchair around parts of the county and see how far you can get. It's always interesting out there.

Lee wrote on Nov 11, 2006 1:06 PM:Access violations are the result of scofflaws refusing to meet the barrier removal obligations of every business in America. After 16 years of lawbreaking the federal ADA and 35 years of violating California Code and Statute - isn't it time to take this out of the Civil Courts [lawsuits] and make it a CRIMINAL MISDEMEANOR to continue to violate the law? We need to stop talking about 120 days notice before filing a lawsuit and START talking about 120 days JAIL TIME or community service and a CRIMINAL RECORD for the scofflaws and violators. Jim Crow is alive and well in the North County I read!

Sally wrote on Nov 11, 2006 10:09 PM:Pinnock when are you coming to Encinitas Home Depot, did you know this store does not even have crosswalks making pedestrian crossing dangerous. Oh, how about the Lumberyard they don't have restrooms!! The only restroom is upstairs how do you get there???

to Lee wrote on Nov 11, 2006 10:13 PM:Yeah you are 100% correct try telling this to Issa he does not even know what ADA means!!

Peter wrote on Nov 14, 2006 7:13 AM:All Lawayers are money hungry blood suckers. What else do you expect from them?

anna wrote on Nov 20, 2006 8:22 PM:imagine being paralized from the waist up, & in a wheelchair, u r an independant person who depends on yourself. u arrive @ a store to buy food to eat, and you cannot get inside due to several stairs? or cant even go inside the shopping center all together because there are only stairs to get insode from the street sidewalk, and the driveway entrance is a hill. there is no way to get into ANY of the stores because the whole complex is on a hill and you could get hit by a car going in the driveway.. how would that make u feel as a person? would u want someone to always have to DRAG u inside the place or would u just not go inside? those are just 2 examples. and all i ask is just imagine. would u want a world like that for urself, friends, or family?? or would u do something to make a change? last quesetion what would u do?

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