Page 6 of 10 FirstFirst ... 45678 ... LastLast
Results 51 to 60 of 97

Thread: Landmark calif. Burger joint forced to shut down over ada lawsuit

  1. #51
    Tavern Bartender
    Constitutionalist
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    12-15-17 @ 10:49 AM
    Gender
    Lean
    Conservative
    Posts
    76,323

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by DA60 View Post
    'A decades-old Sacramento, Calif. burger joint is shutting its doors for being out of compliance with the Americans with Disabilities Act because the owner says he can’t afford to bring it up to code.

    Ford’s Real Hamburgers has been slinging burgers, fries and shakes for years, but was hit hard in the recession. Now, KTXL-TV is reporting that a local attorney who makes his living filing ADA cases — many on his own behalf — is suing the restaurant — and Ford‘s can’t keep up.'
    Sacramento California Landmark Ford’s Real Hamburgers Forced to Shut Down Over ADA Lawsuit | Video | TheBlaze.com
    So the attorney failed to achieve the supposed objective of a compliant restaurant. Now there is no restaurant.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  2. #52
    Sage
    AliHajiSheik's Avatar
    Join Date
    Aug 2012
    Last Seen
    Yesterday @ 10:28 PM
    Gender
    Lean
    Undisclosed
    Posts
    6,390

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Mason66 View Post
    I know that but it seems like a short court appearance and it might cost a few thousand dollars but that is all in the cost of doing business.

    I don't see it as a reason to shut the doors unless something bigger is going on here.
    And eventually all those "cost of doing business" items that keep getting added that wasn't planned for put your business under.

  3. #53
    Wrinkly member
    Manc Skipper's Avatar
    Join Date
    Jan 2008
    Location
    Southern England
    Last Seen
    Yesterday @ 11:13 PM
    Gender
    Lean
    Slightly Liberal
    Posts
    23,253

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Now the able-bodied have the same access as the disabled, maybe they can imagine how it feels to be excluded.
    Don't work out, work in.

    Never eat anything that's served in a bucket.

  4. #54
    Why so serious?

    Moon's Avatar
    Join Date
    Jan 2009
    Location
    Washington State
    Last Seen
    Today @ 12:34 AM
    Gender
    Lean
    Conservative
    Posts
    4,291

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Manc Skipper View Post
    Now the able-bodied have the same access as the disabled, maybe they can imagine how it feels to be excluded.
    Other than this sleazy lawyer, who was excluded? How many complaints have been made in the last 22 years against this business? As for the 6 people who will now be unemployed...screw 'em, right?
    "I believe in a Spinoza's God who reveals himself in the harmony of all that exists, but not in a God who concerns himself with the fate and actions of human beings."

    --Albert Einstein, 1929

  5. #55
    Sage
    Born Free's Avatar
    Join Date
    Sep 2011
    Location
    Sonny and Nice
    Last Seen
    Yesterday @ 12:49 PM
    Lean
    Conservative
    Posts
    6,396

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Tigger View Post
    What both of you miss is that the ADA only requires New Buildings and Buildings which are undergoing renovation to meet its criteria. If you have a building built prior to the ADA and you don't renovate it, there is no requirement for you to be handicapped accessible.
    I know in California, there is an attorney in San Diego that goes around looking at old buildings and the shark requires them to pay him a fee or he takes them to court. The guy is a scam artist.

    This is how ****ed California is, these are old town buildings that he goes after are a 100 yrs old.

    "Exhibit A is Theodore Pinnock, a disabled lawyer in San Diego. Pinnock & Wakefield, his law firm, has filed more than 2,000 ADA lawsuits against California businesses, touting a 95-percent settlement rate. In March, he demanded $10,500 from each of 40 businesses in Alpine, California, or he would sue alleging ADA violations. The incident surprised many local storeowners, who believed they were in compliance.

    In January, Pinnock finished filing four class-action lawsuits against dozens of businesses in Julian, California. The suits stemmed from Pinnock’s visit to the historic Gold Rush town two months earlier. Pinnock claims his weekend was spoiled by the noncompliance of a number of small businesses.

    Days after Pinnock returned home from vacation, 67 Julian mom-and-pop stores received letters demanding varying amounts of money in compensation—the smallest being $2,500—and ordering physical changes to the business establishments. If his demands were not met, Pinnock threatened to sue under state law, making them potentially liable for $125,000 in attorney fees, payable to Pinnock of course.

    Because Pinnock is disabled, he often files ADA lawsuits on his own behalf or under one of his unincorporated associations. According to an insider, Pinnock admits to being the only disabled member of one association, with the remainder being family members. Pinnock says the money he demands is for his legal work. If Pinnock’s money demands are not met, he sues.

    A few Julian storeowners negotiated settlements with Pinnock in exchange for temporary lawsuit immunity. Pinnock has given some of these businesses three years to fix access issues, confirming that money, not quick compliance, drives his lawsuits. So far, two of the four lawsuits have been settled.

    Many businesses have refused to settle, fearing they will become easy targets and be sued again, though all favor making reasonable accommodations to comply with access laws. Some owners have offered to use their money to make access changes instead of settlement payments, but Pinnock has refused, again confirming that money is his motivation.

    The longer a business delays settling, the higher Pinnock raises the settlement amount, ultimately suing the holdouts. Four businesses, including Bell, Book and Candle, a Julian specialty shop, have closed their doors citing Pinnock as the last straw.

    Though distasteful, Pinnock’s actions are legal. His siege of businesses in Julian and Alpine illustrates how legal extortion thrives in the Golden State. Flaws in state law make it easy for professional shakedown artists to file suits, line their pockets, and shutter businesses.

    Pinnock is determined to continue this practice. After local media began reporting on the Julian siege, Pinnock issued a warning on his firm’s website: “I am putting businesses on notice today to hire an ADA consultant, do a survey, take out a loan, and remove all barriers immediately. The ADA plaintiffs will increase lawsuits immediately. . . . I have no more compassion for businesses and respect for certain news reporters.”

    California: Gold Mine for Legal Extortion | Conservative News, Views & Books
    Liberals - Punish the Successful, Reward the Unsuccessful
    Liberals - Tax, Borrow, Spend, and Give Free Stuff
    Obama's legacy - President Donald Trump

  6. #56
    Advisor NitroHangover's Avatar
    Join Date
    Jul 2012
    Location
    California
    Last Seen
    08-13-17 @ 02:00 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    584

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Moon View Post
    Other than this sleazy lawyer, who was excluded? How many complaints have been made in the last 22 years against this business? As for the 6 people who will now be unemployed...screw 'em, right?
    Zero. In fact, my understanding is that almost NONE of the hundreds of businesses this guy sues have ever had a complaint regarding this stuff. In fact, in the OP video they interviewed a customer who is paralyzed from the neck down and confined to a wheelchair. He has been going to Ford's for 21 years, never had an issue, and says that this lawsuit is definitely not on HIS behalf. This lawyer is just trying to extort money and line his own pockets. If he shuts down a business and puts people out of work in the process, so be it.

  7. #57
    Advisor
    Join Date
    Sep 2011
    Location
    New York, New York
    Last Seen
    03-11-16 @ 11:20 PM
    Gender
    Lean
    Independent
    Posts
    551

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Good.

    Handicapped people have rights too... You can't just ignore them because you "can't afford" to make your restaurant handicap accessible.

  8. #58
    Banned
    Join Date
    Jan 2012
    Location
    Where I am now
    Last Seen
    09-11-17 @ 03:00 AM
    Gender
    Lean
    Independent
    Posts
    16,386

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by muciti View Post
    The government has no place to say a business has to have a bathroom or a bathroom with doors so big or anything else. A business owner should have the freedom to have whatever doors they want and let consumers decide if he should stay open by either eating there or not.
    Exactly...you nailed it.

    These are NOT public buildings, this is (I assume) private property.

    A home/business owner should have the right to make his/her property as much or as little wheelchair accessible as they wish.
    Last edited by DA60; 10-10-12 at 04:46 PM.

  9. #59
    Sage

    Mason66's Avatar
    Join Date
    Aug 2009
    Last Seen
    Yesterday @ 11:33 PM
    Gender
    Lean
    Undisclosed
    Posts
    19,483

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by Born Free View Post
    I know in California, there is an attorney in San Diego that goes around looking at old buildings and the shark requires them to pay him a fee or he takes them to court. The guy is a scam artist.

    This is how ****ed California is, these are old town buildings that he goes after are a 100 yrs old.

    "Exhibit A is Theodore Pinnock, a disabled lawyer in San Diego. Pinnock & Wakefield, his law firm, has filed more than 2,000 ADA lawsuits against California businesses, touting a 95-percent settlement rate. In March, he demanded $10,500 from each of 40 businesses in Alpine, California, or he would sue alleging ADA violations. The incident surprised many local storeowners, who believed they were in compliance.

    In January, Pinnock finished filing four class-action lawsuits against dozens of businesses in Julian, California. The suits stemmed from Pinnock’s visit to the historic Gold Rush town two months earlier. Pinnock claims his weekend was spoiled by the noncompliance of a number of small businesses.

    Days after Pinnock returned home from vacation, 67 Julian mom-and-pop stores received letters demanding varying amounts of money in compensation—the smallest being $2,500—and ordering physical changes to the business establishments. If his demands were not met, Pinnock threatened to sue under state law, making them potentially liable for $125,000 in attorney fees, payable to Pinnock of course.

    Because Pinnock is disabled, he often files ADA lawsuits on his own behalf or under one of his unincorporated associations. According to an insider, Pinnock admits to being the only disabled member of one association, with the remainder being family members. Pinnock says the money he demands is for his legal work. If Pinnock’s money demands are not met, he sues.

    A few Julian storeowners negotiated settlements with Pinnock in exchange for temporary lawsuit immunity. Pinnock has given some of these businesses three years to fix access issues, confirming that money, not quick compliance, drives his lawsuits. So far, two of the four lawsuits have been settled.

    Many businesses have refused to settle, fearing they will become easy targets and be sued again, though all favor making reasonable accommodations to comply with access laws. Some owners have offered to use their money to make access changes instead of settlement payments, but Pinnock has refused, again confirming that money is his motivation.

    The longer a business delays settling, the higher Pinnock raises the settlement amount, ultimately suing the holdouts. Four businesses, including Bell, Book and Candle, a Julian specialty shop, have closed their doors citing Pinnock as the last straw.

    Though distasteful, Pinnock’s actions are legal. His siege of businesses in Julian and Alpine illustrates how legal extortion thrives in the Golden State. Flaws in state law make it easy for professional shakedown artists to file suits, line their pockets, and shutter businesses.

    Pinnock is determined to continue this practice. After local media began reporting on the Julian siege, Pinnock issued a warning on his firm’s website: “I am putting businesses on notice today to hire an ADA consultant, do a survey, take out a loan, and remove all barriers immediately. The ADA plaintiffs will increase lawsuits immediately. . . . I have no more compassion for businesses and respect for certain news reporters.”

    California: Gold Mine for Legal Extortion | Conservative News, Views & Books
    Couldn't this attorney be brought up on charges of extorsion?

    Why would somebody need to pay him in the law suit. The law suit would be to make the building compliant, not for him to receive money.

  10. #60
    Sage
    Kreton's Avatar
    Join Date
    Apr 2011
    Location
    Colorado Springs
    Last Seen
    11-13-17 @ 08:01 PM
    Gender
    Lean
    Other
    Posts
    6,118

    Re: Landmark calif. Burger joint forced to shut down over ada lawsuit

    Quote Originally Posted by DA60 View Post
    Exactly...you nailed it.

    These are NOT public buildings, this is (I assume) private property.

    A home/business owner should have the right to make his/her property as much or as little wheelchair accessible as they wish.
    I am glad someone else can see that.
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
    Stephen R. Covey


Page 6 of 10 FirstFirst ... 45678 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •