Recently, the Daily Journal ran an article about businesses in San Mateo County getting hit with ADA lawsuits. One could have read the article and thought the spate of lawsuits were only recently, perhaps as businesses reopened after the COVID lockdown. That would be a false takeaway. During my time on City Council, (2001-2018), the issue had raised its ugly head and, yes, I do see it as ugly.
How I became aware of what was happening was through a visit to the Canyon Inn, a place my family and I frequented for its affordability, family-style seating, friendly atmosphere and of course — good food. We went so often, we came to know the owner, Tim.
On one occasion, Tim came and sat briefly at our table. He informed us of an Americans with Disabilities Act lawsuit that had been filed against him. I don’t remember who sued him. It may have been the Scott Johnson mentioned in the article. I do remember this, however: Tim ended up paying tens of thousands of dollars in lawyer fees, fines and construction costs. He shared how it was an extreme hardship both emotionally and financially. It nearly cost him his business.
After hearing Tim’s story, my thoughts immediately went to what could happen in San Carlos. Well aware that many San Carlos’ businesses operated out of older buildings with limited parking and interior spaces original to the building’s construction, I knew they could have multiple factors out of compliance with ADA standards. San Carlos was obviously a ripe hunting ground for similar lawsuits.
Here’s an important point worth noting: Tim’s impression of the Americans with Disabilities Act prior to being sued was that, because he had bought and remodeled his building 10 years prior to ADA’s passage, his business was exempt. Apparently he was wrong and my bet was, many San Carlos businesses were operating under the same false impression. They were all sitting ducks.
In reaction to the disaster headed our way, I went to City Manager Jeff Maltbie and spoke with him about the situation. He did not see anything the city could do since ADA was federal law. However, he advised I check with Greg Rubens, the city attorney, to be sure. When I checked with Greg, his answer was the same.
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Despite what Jeff and Greg had told me, I decided to reach out to Jerry Hill, then state senator, and Assemblymember Kevin Mullin. First to return my call was Jerry. He and I spoke about what businesses all up and down the Peninsula could be facing and while empathetic, he too saw no action the state could take to mitigate the effects of the federal law. When the aide from Mullin’s office called, I expected and received a like response.
I can’t say I was satisfied. In light of what Gavin Newsom had done as mayor of San Francisco when he bucked the system and declared same-sex marriage legal in San Francisco, the responses seemed weak at best. Obviously no one had the fight in their bellies to save unsuspecting businesses from what I have come to deem, “drive-by ADA lawsuits.”
A few weeks back, I was in San Carlos and, as is my habit, I stopped by “the Plantation.” Young and Sue, the owners, shared with me how someone unfamiliar to them had filed an ADA lawsuit against them (This was before the Daily Journal article appeared). Then again last week, I was in San Carlos with my wife and we decided to have dinner at “the Cask.” Our waiter shared with us about their business being sued and Sue, seeing us next door, came over and showed us the ADA lawsuit article in the Daily Journal.
As I reviewed the article, I was dismayed to read about the current San Carlos mayor, Laura Parmer-Lohan, who was unaware of the lawsuits. How could she be so out of touch with the plight of businesses on Laurel Street?
Reading further, I again was dismayed though not surprised by her response after becoming aware. It was written she “shared support for ensuring as much access as possible for those with disabilities.” Those are fine sounding but empty words unless she intends to do something to make it happen. In the meantime, what would be her plan to take the target off the backs of businesses?
Finally, Mayor Parmer-Lohan was quoted as saying, “Higher order of concern is making sure our community is friendly for all abilities. My interest is making sure that everyone who lives here or works here can enjoy what we have to offer.” That is easier said than done when it isn’t a second mortgage on your house paying the fines, fees and costs of reconstruction.
A former member of the San Carlos City Council and mayor, Matt Grocott has been involved in political policy on the Peninsula for 17 years. He can be reached by email at mattgrocott@comcast.net.
The first step should be to make public the name of the 'aggrieved' and find out whether this person was 'rented' by an ambulance chaser. Why don't we ever find out who these persons are? Are they really disabled or just out to get a buck with the complicit legal 'professionals' . When the elder Bush signed the ADA into law, attorney's could not quit smiling and a plethora of disabled folks suddenly surfaced.
Hi Dirk and other interested parties – the Chronicle published the below article over the weekend and provides a list of some of the most frequent plaintiffs. Unfortunately there are no solutions so the suffering of business owners is sure to continue.
It seems to me that the City and the County should advise businesses as to compliance either through Health inspections or ADA compliance inspections. I hope the Counsel is keeping an ear to the ground about such matters.
Well written Mr. Grocott. As usual it appears we get plenty of lip service from government powers-that-be but no action to curtail abusive ADA lawsuits. These government employees all point to federal law for their inaction yet are okay with the blind eye the feds give to laws regarding immigration and incarceration. We’ve become a pick and choose what law to follow form of government, so vote for your representatives wisely. Your life and well-being depend on it.
Politicians make law, our court system sanctions those laws and prosecutors exercise prosecutorial discretion. Taxpayers pay the bill. Talk about taking turns at the public trough. Meantime, during winter in Alaska, pregnant mothers wrangle little ones as they walk on treacherous ice past dozens of empty parking spaces reserved for people with legal permission to use them. In my experience, more often than not, people with handicap plates but lacking visible physical handicaps. ROTFLMAO
The A.D.A. and A.C.A. do not serve the public interest; but empower self serving bureaucrats well.
The term "ADA" gets used as shorthand for all accessibility laws. The true ADA is, indeed, federal law. However, California also has state laws about accessibility that get written into the building codes and other regulations. The ADA and the state regulations say things that are somewhat similar, but not exactly the same. The ADA and the state regulations are also enforced differently and carry different penalties. That means the property owner actually has to comply with several different laws and several different enforcement mechanisms that carry different possible penalties.
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(6) comments
The first step should be to make public the name of the 'aggrieved' and find out whether this person was 'rented' by an ambulance chaser. Why don't we ever find out who these persons are? Are they really disabled or just out to get a buck with the complicit legal 'professionals' . When the elder Bush signed the ADA into law, attorney's could not quit smiling and a plethora of disabled folks suddenly surfaced.
Hi Dirk and other interested parties – the Chronicle published the below article over the weekend and provides a list of some of the most frequent plaintiffs. Unfortunately there are no solutions so the suffering of business owners is sure to continue.
https://www.sfchronicle.com/bayarea/article/Disability-lawsuits-hit-S-F-Chinatown-and-state-16356130.php
It seems to me that the City and the County should advise businesses as to compliance either through Health inspections or ADA compliance inspections. I hope the Counsel is keeping an ear to the ground about such matters.
Well written Mr. Grocott. As usual it appears we get plenty of lip service from government powers-that-be but no action to curtail abusive ADA lawsuits. These government employees all point to federal law for their inaction yet are okay with the blind eye the feds give to laws regarding immigration and incarceration. We’ve become a pick and choose what law to follow form of government, so vote for your representatives wisely. Your life and well-being depend on it.
Politicians make law, our court system sanctions those laws and prosecutors exercise prosecutorial discretion. Taxpayers pay the bill. Talk about taking turns at the public trough. Meantime, during winter in Alaska, pregnant mothers wrangle little ones as they walk on treacherous ice past dozens of empty parking spaces reserved for people with legal permission to use them. In my experience, more often than not, people with handicap plates but lacking visible physical handicaps. ROTFLMAO
The A.D.A. and A.C.A. do not serve the public interest; but empower self serving bureaucrats well.
The term "ADA" gets used as shorthand for all accessibility laws. The true ADA is, indeed, federal law. However, California also has state laws about accessibility that get written into the building codes and other regulations. The ADA and the state regulations say things that are somewhat similar, but not exactly the same. The ADA and the state regulations are also enforced differently and carry different penalties. That means the property owner actually has to comply with several different laws and several different enforcement mechanisms that carry different possible penalties.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
Anyone violating these rules will be issued a warning. After the warning, comment privileges can be revoked.