Inclusion Daily Express -- "The Sheriff" Loses Appeal

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"The Sheriff" Loses Appeal
By Dave Reynolds, Inclusion Daily Express
September 5, 2007

SAN FRANCISCO, CALIFORNIA--Nearly three years ago, U.S. District Judge Edward Rafeedie ordered Jarek Molski to stop filing lawsuits against California businesses using the 1990 Americans with Disabilities Act, without first seeking permission from a court.

Molski, who uses a wheelchair and calls himself "The Sheriff", had filed more than 400 lawsuits over accessibility problems in restaurants, wineries and other businesses. The law school graduate claims he is a public servant that is simply trying to make businesses comply with the anti-discrimination law.

Nearly all of the suits Molski filed were settled out of court. Many included financial compensation for Molski and his attorney, Thomas Frankovich. Dozens had identical claims of injuries.

In his December 2004 ruling, Rafeedie called Molski a "vexatious litigant" who files discrimination suits "maliciously and without good cause". Rafeedie added that Molski's tactics amounted to "systematic extortion."

Last Friday, Molski and Frankovich heard similar descriptions from a three-member panel of the Ninth U.S. Circuit Court of Appeals, as it upheld Rafeedie's order.

"Just as bringing a completely baseless claim is frivolous, so too a person with a measured legitimate claim may cross the line into frivolous litigation by asserting facts that are grossly exaggerated or totally false," the appeals court wrote.

"Molski's baseless and exaggerated claims of injuries exceeded any legitimacy and were made for the purpose of coercing settlement."

Molski's tactics have been controversial, even within the disability rights community. While some applaud his efforts to make businesses follow the ADA, others have said his methods have backfired, creating public sympathy for the businesses.

Related:
"Ninth Circuit Upholds Sanctions Against Disabled Man, Lawyer" (Metropolitan News-Enterprise)
http://www.metnews.com/articles/2007/mols090407.htm
Text of ruling in "Molski v. Evergreen Dynasty Corp." (U.S. Court of Appeals for the Ninth Circuit)
http://www.inclusiondaily.com/news/07/red/0905a.htm

Copyright © 2007 Inonit Publishing
Please do not reprint, forward, or post without permission.

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