Man files ADA lawsuit — for the 400th time
January 22, 2009 by Shane BorerPosted in: Discrimination, In this week's e-newsletter, Insurance, Latest news & views, Whistleblowers
It’s hard to tell whether this man’s legitimately concerned about access for people with disabilities, or if he’s going for a Guinness World Record in successful lawsuits.
If your company every comes across Jarek Molski, you might want to speak to a lawyer, pronto. Injured in a motorcycle accident nearly two decades ago, Molski has figured out the best way to take advantage of the Americans with Disabilities Act (ADA). According to California legal records, he’s filed 400 suits against businesses that don’t follow disability-access rules to the letter.
Because he’s confined to a wheelchair, Molski sues — and usually collects from — business that aren’t up to code. The fines for violating the ADA can run nearly $4,000 a day, and business owners can choose to pay the fines, pay for renovations to get their establishments up to code or settle out of court with Molski.
A federal judge has banned Molski from filing any lawsuits in the Central District of California, but that doesn’t mean his spree is over — he’s free to press his luck anywhere else in the U.S.
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Tags: Access, ADA, Disability, Lawsuit, Wheelchair
January 23rd, 2009 at 3:21 pm
To the letter? Getting businesses to follow ADA and the building codes states have subsequently adopted TO THE LETTER? How about at ALL? All these years after passage of the ADA, willful ignorance and non-compliance are the rule in public businesses, not the exception. The Federal ADA didn’t come with any monitoring or enforcement mechanism, so activists or even paying customers have no recourse but to sue to make changes happen– or quietly go to the back of the bus.
Your readers should know that only in California can a litigant get punitive damage awards– so everywhere else, filing complaints is on our own time and legal nickel. California made the $4,000 fines both to put some teeth in the law, and to let a few Mr. Molskis make a living doing the state’s enforcement work for them– a bargain to taxpayers where the offenders [who could have just complied with the law in the first place] pay for the effort.
And yes, I meant “our” own time; like Mr. Molski, I use a wheelchair for mobility. For the record, we are “wheelchair users,” and not “confined to” anything except attitudes like the ones underlying the misleading and inflammatory coverage in this article.
January 24th, 2009 at 12:16 pm
This guy doesn’t give a crap about ADA – he has made hundreds of thousands of dollars and not made one bit of difference for the handicapped in our county. He came to one restaurant, asked to use their bathroom. The owner was there, but the restaurant was closed! She felt badly for him as there were no public restrooms in this historic gold mining town, so she let him use her facilities and he sued her – although he was able to use them with no assistance.
Her legal fees are well in excess of $50k – he offered to settle for $35k WITHOUT REQUIRING ANY CHANGES TO HER RENTED BUILDING – HE JUST WANTS MONEY.
He closed one restaurant as the legal fees were too much for the owner. The building was leased and the landlord refused to allow the tenant to change the bathrooms. No matter, this jerk didn’t sue the owner of the building – he sued the business owner.
All of these businesses were operating legally with public health dept. approval – most are in historic buildings where there is no way to change the building to ADA bathrooms. This is legal as they have been operating this way for over 100 years, so there is an exemption for them. No matter, sue them and see how much you can get.
The guy is scum! After he came to town, all the other businesses who used to let the public use their bathrooms but weren’t required to have a public bathroom changed their policy – NO BATHROOM AVAILABLE!
Any person who looked like they might have any kind of disability was especially singled out after that for the “no public bathroom” treatment. Business owners could not afford to allow them to use it and risk a lawsuit.
My husband and I were both injured and disabled for several years – we know how hard it is to get around in wheelchairs and on crutches. We support the ADA requirements, but understand that it is not always going to be a possibility. Historic towns built on hillsides cannot make their sidewalks ADA compliant. These are situated on narrow roads with 4′ high sidewalks and lots of steps. What? We should bulldoze the town so that the handicapped can get to it? Where is your common sense?
January 24th, 2009 at 3:19 pm
The experience of HR professionals and personal observation leads to the conclusion that efforts really are being made to comply with ADA standards.
I have assisted several frail and severely limited wheelchair users in the Midwest, New York and California, and found few insurmountable obstacles in shopping and business areas. Sidewalk access certainly varies by town and by the area of town. Lack of curb cuts is a big problem, but that isn’t what this story is about.
Regarding the workplace, ADA is probably ignored as often and no more often than regulations regarding discrimination and retaliation. There is much left to do, but to say there has not been progress or that progress is made only by abusive lawsuits is an affront to HR professionals and conscientious business owners.
Unfortunately there are many examples of individuals and even high profile public advocacy organizations that make a living – or killing – by blackmailing companies. The story is, sadly, more factual than inflammatory.
January 26th, 2009 at 4:07 pm
In conjunction with my company’s recent office renovation, among the numerous items that we paid extra for in order to be ADA compliant was a recessed kitchen sink. While I can appreciate that some businesses do not heed the regulations, to generalize that willful ignorance and non-compliance is the norm certainly seems unfounded to me. Unfortunately, this gentlemen’s actions are a reflection of a greater problem in today’s society, that the legal system is regularly abused by those lacking integrity because they realize that actuarial figures govern their ability to obtain a financial settlement, not facts…
January 28th, 2009 at 1:00 pm
This man went through our area- California’s Central Coast- and hit as many businesses as possible. This is an area of small towns and small family owned businesses. He sued over things like a 1 inch variance from code. He forced at least one small restaurant to close down forever.
These small businesses don’t make a lot of money so settling with this guy, or paying legal fees to fight him, could be more than the profit for an entire year!
If he was really out to get things improved for the disabled, why did he not offer the business owners the option of spending that money to improve access for the disabled, rather than paying him?
March 6th, 2009 at 4:30 pm
This suing epidemic makes me sick! Everyone wants things their way…..got to have a law, quick find a greedy, lawyer who will take the case (there are millions) Let me see, I think I am tired of working since I have been working since I was 13 years old, so…..I know, one day in over 25 years I was late because the govt said the clocks were being pushed ahead an hour (but they changed the date that it was normally done! how dare they) This made me late for work and I was embarrassed…..I want to get compensated…..I should sue…..
Sounds stupid doesn’t it? But I will bet a dollar to a dime someone out there has probably tried it, or something just as stupid and won!! The judicial system is going somewhere and it is no doubt in a hand basket!! Businesses can’t win for losing. No, I don’t own a business, far from it but I see how some arrogent, lazy people use the system….How can they live with themselves??? This is the kind of people we have out there and they are allowed to have children (?) That, my friends is scary. No one works anymore, but they all have nice homes and new cars? New Profession: Sue Consultant? No wonder businesses are moving overseas……I see what they must pay out on a normal day….between taxes and defending themselves, why bother. My company does everything it can for handicapped and some people are so ‘mad at the world’ because of their situation, they want to make everyone pay……it comes out of all of our pockets…..Cowboy Up !