Inclusion Daily Express -- Jury Hands "The Sheriff" A Small Victory

Inclusion Daily Express Logo

International Disability Rights News Service
Click here for today's headlines & home page

Keeping advocates informed, inspired and connected since 1999.
Click here for daily or weekly delivery . . . OR
Try Inclusion Daily Express for ten days FREE . . .

Jury Hands "The Sheriff" A Small Victory
By Dave Reynolds, Inclusion Daily Express
December 13, 2007

SOLVANG, CALIFORNIA--Less than four months after the Ninth U.S. Circuit Court of Appeals dealt Jarek "The Sheriff" Molski a legal blow in his battle to make California more accessible, a jury in state Superior Court on Tuesday handed him a small victory.

In the past several years, Molski has sued more than 400 businesses, claiming they violated the 1990 Americans with Disabilities Act and state anti-discrimination laws by failing to make their establishments accessible to him and other wheelchair users. Molski sued so many businesses that three years ago this month U.S. District Judge Edward Rafeedie called him a "vexatious litigant" who sues "maliciously and without good cause". Then Rafeedie ordered Molski to stop filing lawsuits without first seeking permission from a court.

This fall, the appeals court upheld Rafeedie's order.

The original suit that prompted Rafeedie's order was filed by Molski against Mandarin Touch Restaurant in Solvang and its parent company, Evergreen Dynasty Corporation. Molski said he visited the restaurant in January 2003, and again in January 2004, and found the restrooms were not accessible either time. He asked for corrections to be made and for unspecified damages.

Just before noon on Tuesday, the jury in Santa Barbara County Superior Court ruled that the restaurant deliberately failed to remove the accessibility barriers. Then it ordered the restaurant to pay $5,000 to Molski.

According to the Lompoc Record, Molski did not have to ask special permission to sue the restaurant in this case, because he filed this suit in state court and Rafeedie's order only applied to federal court.

The restaurant's owners said they plan to appeal the jury's verdict.

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 businesses.

Most of the 400 or so businesses decided to settle out of court.

Related:
"Serial litigant wins disabilities suit against Solvang restaurant" (Lompoc Record)
http://www.lompocrecord.com/articles/2007/12/12/news/news02.txt

Click here for top of this page

Purchase this story for your website or newsletter . . .

Here's what subscribers say about Inclusion Daily Express. . .

Keeping advocates informed, inspired and connected since 1999.
Click here for daily or weekly delivery . . . OR
Try Inclusion Daily Express for ten days FREE . . .

Get your news here!