A San Jose lawyer has filed dozens of federal lawsuits on behalf of five clients since August claiming Valley businesses haven't done enough to accommodate handicapped patrons.
The suits, filed under the Americans With Disabilities Act, mean tens of thousands of dollars in settlement costs and fines, on top of repairs -- at a time when many businesses are struggling to survive the recession.
Advocates for the disabled say businesses have no excuse for violating the law 20 years after it was adopted by Congress. But many business owners say they think law firms that file batches of ADA suits are less concerned with disabled people than they are with making money off the law.
Among the violations cited in recent cases:
*Not enough parking spots reserved for the disabled.
*Lack of signs warning of fines for illegal parking in those spaces.
*Sharp objects in bathrooms.
*Towel or soap dispensers and mirrors too high.
*Uninsulated pipes under sinks in bathrooms.
One Clovis business shut its doors after a lawsuit was filed claiming 20 violations, and owners learned they could face $80,000 in fines.
El Gallo Mexican restaurant on Clovis Avenue, which has been in business for 42 years, never expanded or renovated and its owners were not aware of the need to make their restaurant comply with ADA regulations, said Betsy Sandoval, who owns the building.
"I don't know what's going to happen," Sandoval said. "We are getting estimates on what it will cost to do repairs. If I need to get it fixed, I need to get it fixed."
A note to customers on El Gallo's door said the restaurant was closing pending repairs and a settlement with the law firm.
Roberto Torres, manager of Yosemite Falls Cafe in Clovis, said he was disappointed when his restaurant was sued. Torres said he frequently speaks to disabled patrons to make sure their needs are being met.
"I always tell them if there is anything we can do to make it more comfortable to let me know," he said.
Instead of filing a lawsuit, Torres said, the plaintiffs could have let him know about any problems so he could fix them.
Up the street from El Gallo, Cigars, Ltd., was sued for 14 violations. One of the store's co-owners wonders whether their profits will cover costs of their lawsuit and meeting ADA regulations.
Said Kirk Johnson: "We own a small corner tobacco shop where 20 customers come in on a busy day. How do you make up the money?"
Suing for compliance
ADA compliance lawsuits have hit businesses all over California in recent years, raising concerns about whether the spirit of the law is being abused.
Between 2002 and 2004 more than 130 ADA lawsuits were filed against Fresno-area businesses, many by a Los Angeles-area law firm. Since August, Randy Moore's San Jose law firm filed another wave of suits in U.S. District Court in Fresno, claiming ADA violations. Eleven of the 45 suits have been settled so far.
A handful of plaintiffs, some local, are named in the suits. They include Ronald Dean Moore, the attorney's brother.
To settle, defendants pay fines of as much as $4,000 per violation to the plaintiff and attorney as well as their own attorney and court costs.
Business owners say they can't help but be cynical when they see a wave of lawsuits filed by an out-of-town attorney.
Jimmy Jo, owner of I Love Sushi in Clovis, which was sued for 35 violations, said he supports the law -- but believes Moore and other attorneys are bounty hunters out to make a quick buck.
"There are people making tons of money off a needed law," Jo said.