Disabled-access attorney slapped with sanction
By: TERI FIGUEROA - Staff Writer | ∞
The attorney who stirred controversy when he threatened to sue many Julian business owners for allegedly violating disability access laws has been ordered by a federal judge to pay more than $15,000 in fees and take legal ethics training.
The order against Theodore Pinnock, who has filed ---- and settled out of court ---- hundreds of access lawsuits against local stores and businesses, came on March 23, after he sued on behalf of a woman who allegedly found an Ocean Beach store inaccessible.
But the store, Sea and Shore Market, had been shuttered since it flooded in December 2004.
The suit claims the woman visited the shop in March 2006 and found the front door to the store was too heavy, the counters too high, the walkways too narrow, and the bathroom inaccessible.
The suit centered on alleged violations of the Americans with Disabilities Act by Marcos Mouet and his convenience store.
Pinnock filed the suit on behalf of a group calling itself the Association of Women with Disabilities Advocating Access, and a woman named Delores Jackson, who uses a walker and has difficulty seeing.
In the ruling, issued March 23, U.S. District Judge Jeffrey T. Miller found that Pinnock's suit made allegations "without reasoned and competent inquiry."
Miller noted case law which finds that imposition of sanctions is reserved for the "rare and exceptional case where the action is clearly frivolous, legally unreasonable or without legal foundation."
Miller ordered Pinnock to take four hours of legal ethics training through the state bar, and also told him to pay more than $15,000 in attorney fees for Mouet.
Mouet's attorney, Mitch Wallis, did not return a call for comment Friday.
Pinnock said in a telephone interview Friday that he had erred in this particular suit.
"We all make mistakes," he said. "This mistake got blown out of proportion."
Pinnock also sent an e-mail to the North County Times, saying he plans to continue filing access suits.
"If people think that the Mouet ruling will stop me, they are mistaken," Pinnock wrote. "Being born with severe cerebral palsy did not stop me. Being born poor and black did not stop me. Being in an institution for ten years did not stop me.
"Most in my position would have stopped striving early in life. But challenges invigorate my soul."
Pinnock, who uses a wheelchair, became a controversial figure after what he called the "Julian Experiment" in 2005, in which he slapped 67 business owners with letters demanding that they come into compliance with the 15-year-old Americans with Disabilities Act and pay up to him to the tune of about $2,500 per business ---- or find themselves in federal court.
Advocates for the disabled have heralded Pinnock's work, noting that the news of the suits was getting press ---- which meant that more business owners would tune in to the needs of the disabled.
But Pinnock's negotiating tactics angered business owners and others, some of whom called his access lawsuits "shakedowns."
In an e-mail statement sent to the North County Times, the new director of the San Diego chapter of Citizens Against Lawsuit Abuse said her organization applauded Miller's decision to sanction Pinnock.
"Clearly, suing a business for Americans with Disabilities Act violations when the store wasn't even open at the time is a blatant example of lawsuit abuse," director Lorie Zapf wrote.
Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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Bill S. wrote on Mar 31, 2007 9:08 AM:A fine of $15,000 for Pinnock is nothing. His lawsuits against the business community is only about lining his pockets with money and not about ADA violations. He should br disbared as well.
Floyd wrote on Mar 31, 2007 9:34 AM:Using the legal system for personal profit is a remarkably bad abuse of the powers of the court. Four hours of ethical training may not be sufficient, especially since Pinnock is a lawyer and because he has stated his intention of continuing the shakedown.
Hey Jose the Abogado wrote on Mar 31, 2007 10:39 AM:This guy is a nightmare of the legal profession. It is one thing to undertake litigation when someone is harmed, but to go out looking for someone to negotiate a settlement with is the bottom of the pit. There are thousands of small shops around the country that should fit the mold of the mega-mall store standards. These are usually small sole proprietors stores just making an honest living. If they don’t meet the big store standards, the sleaze comes out of the woodwork. Theodore Arthur Pinnock, SBN 153434 should think about the attorneys who were disbarred a couple of years about for similar operations. Pursuing settlements is NOT practicing law.
Ted wrote on Mar 31, 2007 2:02 PM:Don't blame this jerk. He's only doing what the democrats in congress gave him power to do. In my opinion he is no worse than most of the lawyers in this country. Anyone look at Edwards history.
Molly wrote on Mar 31, 2007 3:54 PM:Hey Ted - Republican George Bush I was the happy sponsor of the ADA. Republican sponsored bill, signed by Republican president. Pinnock's an embarrassment to any sentient being...he's doing legalized extortion.
Alf wrote on Mar 31, 2007 4:39 PM:How many cards is this clown playing? How many is he playing with? This jerk says "Being born with severe cerebral palsy did not stop me. Being born poor and black did not stop me. Being in an institution for ten years did not stop me." So he used his lot in life to blackmail businesses to pay him money under threat of lawsuit, and he declares openly that he will keep on doing it? He needs to be disbarred, charged, tried, convicted and jailed the next time he tries to extort money from anyone. Period.
I was not aware wrote on Mar 31, 2007 7:40 PM:that extortion was legal. Silly me, I forgot that being a black man with cerebral palsy gives him the right to blackmail and do anything he wants.
Roger wrote on Mar 31, 2007 8:08 PM:Remember the old joke. What do you call a ship with 10000 lawyers sinking in the middle of the ocean with no life boats? A good start! I think we should make sure that the ship is accessible for lawyers like Pinnock.
Stranded at the curb wrote on Apr 1, 2007 12:53 PM:Hey Jose the Abogado wrote on March 31, 2007 10:39 AM:"This guy is a nightmare of the legal profession. It is one thing to undertake litigation when someone is harmed, but to go out looking for someone to negotiate a settlement with is the bottom of the pit. There are thousands of small shops around the country that should fit the mold of the mega-mall store standards. These are usually small sole proprietors stores just making an honest living. If they don’t meet the big store standards, the sleaze comes out of the woodwork. Theodore Arthur Pinnock, SBN 153434 should think about the attorneys who were disbarred a couple of years about for similar operations. Pursuing settlements is NOT practicing law." Dear Jose, the law is now 25 year old in standing, and there is plenty of free government monies to assist small business who honestly try to come up to standards. Do not lump everything in to one giant negative cess pool because of shake down artists. The problems are real for many many of your fellow citizens. The disabled population continues to grow in portion to the main group of society. Please be careful about stuffing everything related to an issue in to the same dark ugly chapter. I am, Disabled and not whining, but living with my neighbors and shopping along side them too.
Maureen wrote on Apr 3, 2007 8:49 AM:I have to object to the article's statement that "advocates for the disabled have heralded Pinnock's work". Numerous lawsuits filed in this fashion do not generally benefit the disability community, who have to deal with the backlash against themselves and the Americans with Disabilities Act. If in fact awareness has been raised that all businesses must comply with the ADA, then that is a benefit - and with all the publicity, few businesses can say they had no idea about the law. But most of the public is aware only of the numerous lawsuits, valid or not, rather than the actual barriers that do keep people with disabilities out of business establishments. And unfortunately, the misconception that existing businesses are exempt from complying with the ADA still prevails. A critical fact missing from these stories is that ADA plaintiffs are not eligible to receive damages from these businesses. The only remedy under Title III of the ADA is the correction of the violation - no financial remedy is authorized under the law. Most articles fail to note that any damages legitimately awarded are done so under state or local law. And very few, in the disability community or otherwise, have ever seen stories of whether the defendants in these suits actually corrected the alleged violations - whether access for the disabled actually was achieved or Mr. Pinnock and his plaintiffs simply paid to go away. People with disabilities would certainly like to see all businesses in compliance with the law - but filing a lawsuit is generally a final step. Any responsible lawyer sends a demand letter to the potential defendant prior to filing suit. Ideally, that should lead to the business investigating its ADA obligations, as well as receiving technical assistance ... and tax credits (IRS Publications 535 and 334.) If the business takes action on this information, a lawsuit would be unnecessary. I encourage your reporter to follow up on some of these businesses that Mr. Pinnock has sued to see if they have removed the barriers complained about. If so, then perhaps Mr. Pinnock is indeed performing a service for the disability community and advocates can indeed "herald his work". At this point, people with disabilities are still waiting for that story.
bbnflpn wrote on Apr 9, 2007 11:52 PM:from what i have heard, this man has been doing this for a while. i know hearsay is not admissible by law so i thought i would do some digging. i am not going to post quotes, since im not sure of the fair rights policy here, so i will post links to the articles with the dates they were printed. if this is a violation im sorry, you can delete my post.
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