Disability Access News

Filings Occur Before State Law Takes Effect

By HEATHER CHAMBERS
San Diego Business Journal Staff

Small-business owners in the East County have become the subject of the latest round of lawsuits claiming that people with disabilities were denied access.

Theodore Pinnock, an attorney who has filed more than 1,000 lawsuits in San Diego’s federal courts, is attached to the most recent round of civil actions against the communities of Lakeside, Lemon Grove, El Cajon and Santee.

Since September, the law firm of Pinnock and Wakefield has filed at least 27 Americans with Disabilities Act lawsuits in East County on behalf of plaintiff Noni Gotti, who, according to the lawsuits, suffers from “physical impairments of cervical back disease.”

Seven of those were filed on a single day — Oct. 14 — against several El Cajon and Lemon Grove business owners, including a heating, ventilation and air conditioning company, a roofing company and glass contractor.

Among the list of reasons for denied access were physical barriers, such as aisles that prevented wheelchair access, and a lack of handicapped parking spaces and signage.

One East County business operator, who asked to remain anonymous, said the lawsuit was “clearly a drive-by.”

Another East County business owner said a lawsuit brought against his business was dropped after proving that the privately run business had no public access and required security clearance to enter.

“I don’t think it’s one (Pinnock) could’ve won,” he said.

State Law Pending

The East County lawsuits come less than a month before a new state law takes effect that is designed to curb ADA litigation. Signed into federal law in 1990, the ADA was intended to ensure access to people with disabilities and to prohibit discrimination.

Among other provisions, the new law puts a stop to lawsuits alleging ADA violations for 90 days for businesses that hire a specially trained local building inspector to find problems and recommend fixes. If the inspector discovers any violations, business owners must pay the plaintiff’s damages and pay workers to fix the problem. In the past, business owners who were sued said they were forced to deal with the lawsuits immediately, leaving little or no time to focus on their business.

“I think that, really, with the new law kicking in, this is the last big hoorah,” said Lorie Zapf, president of the San Diego Citizens Against Lawsuit Abuse.

Zapf said her office has received phone calls from business owners and chambers of commerce in response to the newest wave of litigation. “I’m getting a lot of phone calls from various people, and I can’t help them once they’re sued,” Zapf said.