Local business owners are stunned over a series of disability act lawsuits filed over regulations related to their accommodations for handicapped people.
It turns out recent state legislation allows those shops to fix certain issues related to the law.
In December, an Americans with Disabilities Act attorney out of the San Jose area filed about a dozen lawsuits in federal court against local shops, ranging from Jessie’s Gas to Auto Zone, according to Mitchell Dabo, who owns one of the properties hit by a lawsuit.
Dabo claimed that the private ADA attorney or associates have had people sent into businesses to conduct measurements on various aspects of the physical layouts.
Dabo is concerned that businesses will feel threatened and won’t fight it. Just two of the 12 businesses are challenging the current lawsuits, he said. He’s also worried that many other local businesses will be at risk from the same group.
“Very seldom does anybody fight it,” he said.
One of those businesses is Cheap Beer & Cigarettes, the downtown gas station formerly called Jessie’s. The gas station and convenient store’s owner has confirmed he is on the list of businesses and that he’s considering a fight against the action.
Owner Jessie Brar told the Free Lance that Tonya Moore is the San Jose-based attorney responsible for the lawsuits. Moore was not immediately available when her office was phoned Tuesday.
Brar said he thought there were more than 12 businesses targeted in the actions. He said the city building division is aware of the issue.
He called the allegations “nonsense” and said the lawsuit targeting his business claimed the ramp entering the shop is too high, the lot was too bumpy and the door was too hard to open.
“We don’t know exactly what to do,” Brar said.
But May 2016 legislation signed into law by Gov. Jerry Brown could help local businesses.
Under Senate Bill 269, businesses with fewer than 50 employees are given time to fix ADA violations before fines from the state. If sued, businesses would also get 15 days to address violations claimed in the lawsuits, according to a press release on the legislation.
The bill’s author is State Sen. Richard Roth, D-Riverside.
The statement explains that lawmakers contend the changes will allow business owners to “address minor violations such as weathered or missing parking lines, sidewalks painted the wrong color or missing signage. These minor violations can draw a minimum $4,000 fine and most ADA lawsuits allege multiple violations.”
Brar in considering the issue said he believes the series of suits is “criminal” and that the district attorney should look into it.
District Attorney Candice Hooper explained Wednesday how there are circuit prosecutors who handle these types of cases.
“I would have no problem asking the circuit prosecutors to look at this,” she said. “It’s their specialty actually.”
Hooper said if any businesses have issues, they should call her office and get in contact with her about it.
Mayor Ignacio Velazquez said he thinks the series of lawsuits is “extortion.” He said the city could also ask the district attorney to take up the matter and questioned why the state legislators haven’t fixed laws allowing such actions.
“It’s a shakedown,” he said. “These things are designed to get money out of small business owners who can’t fight back.”
Brar, meanwhile, isn’t alone with his frustration.
Dabo on Tuesday said he was stopping at the chamber of commerce to see if the nonprofit can send out an alert to other businesses. He fears that the outside attorney and her associates will continue the actions. He wasn’t aware of any communication with the district attorney or other legal officials.
He mentioned some of the other businesses involved in the lawsuits so far as A&W, Ranch Milk, Hollister Liquors near Park Hill and Pacheco’s Liquor at San Benito and South streets, the property of which he owns. He said other gas stations received suits as well.
If any businesses have issues with these ADA lawsuits, call District Attorney Candice Hooper at (831) 636-4120.
