Inclusion Daily Express -- Jarek Molski: ADA "Sheriff"

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Jarek Molski: ADA "Sheriff"

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2008
Nov. 17: U.S. Supreme Court Refuses To Hear Molski Appeal
July 16: Molski Loses One, Wins Two Accessibility Appeals
2007
Dec. 13: Jury Hands "The Sheriff" A Small Victory
Sept. 5: "The Sheriff" Loses Appeal
March 28: Appeals Court Says 'The Sheriff' Must Get New ADA Trial
2006
March 8: Judge Rules Advocate's Lawsuits Are Not "Frivolous"
2005
Nov. 15: Business Owners Sue ADA "Sheriff"
2004
Dec. 20: ADA "Sheriff" Banned From Courts
Nov. 29: Town Waives Building Fees For Accessibility Upgrades

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Molski Loses One, Wins Two Accessibility Appeals
By Dave Reynolds, Inclusion Daily Express
July 16, 2008

LOS ANGELES, CALIFORNIA--Jarek "The Sheriff" Molski lost one case but won two legal victories last week, in his efforts to make California more accessible to people with disabilities.

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.

The Metropolitan News-Enterprise reported that an appeals court ruled Molski should pay $33,702.63 for losing a case against an historic winery. The court said Molski had made himself vulnerable by pursuing his "scorched earth strategy" against the Arciero Winery.

In a separate case, the court ruled that Molski should be paid for attorneys fees following a settlement against another winery. And in a third case, the court said a lower court was wrong to toss out Molski's claims against a third winery.

Molski sued so many businesses that four years ago a federal judge called him a "vexatious litigant" who sues "maliciously and without good cause". Then the judge ordered him to stop filing lawsuits without first seeking permission from a court.

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:
"Disability Activist Wins One Case, Loses Another in C.A." (Metropolitan News-Enterprise)
http://www.metnews.com/articles/2008/mols070808.htm
"Ninth Circuit Revives ADA Suit Against Historic Winery" (Metropolitan News-Enterprise)
http://www.metnews.com/articles/2008/mols071008.htm

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Judge Rules Advocate's Lawsuits Are Not "Frivolous"
By Dave Reynolds, Inclusion Daily Express
March 8, 2006

SAN FRANCISCO, CALIFORNIA--For the second time in less than six months, a federal court has ruled that a disability rights advocate was entitled to file dozens of discrimination lawsuits.

In recent years, Ron Wilson, who has limited mobility because of a severe degenerative joint disease, has filed at least 43 lawsuits against California businesses claiming they failed to comply with the 1990 Americans with Disabilities Act.

Last year, Pier 1 Imports and Mellon/Pier 1 Properties lodged a "vexatious litigant" complaint against Wilson and his attorney, Lynn Hubbard, who had repeatedly filed "frivolous" suits over access barriers at the company's Fairfield store. The complaint alleged that the pair had filed nearly identical suits against many local businesses simply to harass them.

U.S. District Court Judge Lawrence K. Karlton disagreed with Pier 1, according to Friday's Vacaville Reporter.

"Relative to other suits, plaintiff has filed a declaration which details 43 different suits which he initiated," Karlton wrote in his recent decision. "He is able to provide the dates on which he visited the various premises, the barriers he faced, as well as his interactions . . . with the various defendants . . . in order to assist them in complying with the ADA."

"From all that appears, the number of lawsuits plaintiff has filed does not reflect that he is a vexatious litigant; rather, it appears to reflect the failure of the defendants to comply with the law. Accordingly, the court cannot find that plaintiff has filed frivolous ADA lawsuits."

In October of last year, another federal judge made a similar decision in a lawsuit that Wilson, who is a spokesperson for Citizens Acting for the Rights of the Disabled, filed against a San Diego Wal-Mart.

In December of 2004, U.S. District Judge Edward Rafeedie called wheelchair user Jared Molski a "vexatious litigant" for filing hundreds of discrimination suits "maliciously and without good cause". Rafeedie ordered Molski, who had dubbed himself "The Sheriff", to first get permission from a judge before filing more ADA lawsuits.

Related:
"Disabled advocate vindicated" (Vacaville Reporter)
http://www.thereporter.com/news/ci_3561994

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Business Owners Sue ADA "Sheriff"
By Dave Reynolds, Inclusion Daily Express
November 15, 2005

MORROW BAY, CALIFORNIA--A California man who has sued hundreds of businesses over violations of the 1990 Americans with Disabilities Act is now being sued by the family that owns one of those businesses.

Jarek Molski, a law school graduate who calls himself "The Sheriff", sued The Gallery restaurant in June 2004, claiming that he hurt himself in the restroom the previous summer because it was too narrow for his wheelchair.

In that suit, Molski asserted that the lack of proper access caused him to suffer "emotional distress, mental anguish . . . humiliation, embarrassment, anger, chagrin, disappointment, and worry." He asked the court to award him $1.6 million in damages, or $4,000 for each day that passed after the alleged accident.

A federal judge dismissed the case two months ago. But Molski has since filed another lawsuit in county court against the Anderson family, which owns The Gallery.

According to KSBY and the San Luis Obispo Tribune, the family this week filed a countersuit against Molski, claiming his latest action caused them to suffer "mental distress, mental anguish, embarrassment, humiliation, and loss of reputation." The Andersons are asking for at least $3,000 in compensation.

Since 1998, Molski has filed more than 400 lawsuits over accessibility problems in restaurants, wineries and other California businesses, mostly in coastal towns. He says he considers himself a public servant that is simply trying to make businesses comply with the 15-year-old federal anti-discrimination law.

Molski's critics say he filed the suits to intimidate businesses and make money for himself. Most of the businesses that Molski sued decided to settle their cases out of court for between $20,000 and $35,000 each.

Last December, a federal judge called Molski a "vexatious litigant" who files discrimination suits "maliciously and without good cause" and ordered him to stop filing ADA lawsuits without first getting permission from a judge.

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ADA "Sheriff" Banned From Courts
By Dave Reynolds, Inclusion Daily Express
December 20, 2004

LOS ANGELES, CALIFORNIA--A federal judge has ordered a paraplegic California man to stop filing lawsuits against businesses using the 1990 Americans with Disabilities Act.

On December 9, U.S. District Judge Edward Rafeedie called Jarek Molski a "vexatious litigant" who files discrimination suits "maliciously and without good cause".

Since 1998, Molski, who calls himself "The Sheriff", has filed more than 400 lawsuits over accessibility problems in restaurants, wineries and other California businesses. The law school graduate uses a wheelchair and claims he is a public servant that is simply trying to make businesses comply with the 14-year-old federal anti-discrimination law.

Most of the businesses that Molski has sued decided to settle their cases out of court for between $20,000 and $35,000, according to his attorney, Thomas Frankovich.

Judge Rafeedie said that amounted to "systematic extortion" and ordered Molski to stop filing ADA lawsuits without first getting permission from a judge.

In his decision, Rafeedie pointed to three suits Molski filed against restaurants, each claiming he injured his shoulder while using their restrooms on May 20, 2003. The judge wrote that this was "highly unusual, to say the least."

The case that came before Rafeedie involved a claim Molski lodged against the Mandarin Touch restaurant in Solvang, alleging he injured his hand because the entrance to the restroom was too narrow.

Molski's methods have been controversial even within disability law circles. Most acknowledge that the ADA needs to be enforced, but criticize plaintiffs and attorneys that appear to make a career out of "intimidating" business owners to force them to comply.

Others believe that the law will only be effective if citizens deal with business owners directly rather than waiting for governments to enforce it.

"To label someone a vexatious litigant because he has a disability, and these restaurants are out of compliance, really discourages someone from enforcing their rights," said Eve Hill, a visiting professor at Loyola Law School and executive director of the Western Law Center for Disability Rights.

Hill called Rafeedie's ban "outrageous", adding that "whether he is doing it right does not justify barring him from the courts" and making him "hang a 'kick me' sign around his neck."

Related:
"Disabled plaintiff labeled 'vexatious'" (Los Angeles Times via Contra Costa Times)
http://www.contracostatimes.com/mld/cctimes/news/state/10439062.htm
"Small Business Cheer Molski Case Ruling" (Pacific Coast Business Times)
http://www.pacbiztimes.com/articles/wk_122004a.cfm

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Town Waives Building Fees For Accessibility Upgrades
By Dave Reynolds, Inclusion Daily Express
November 29, 2004

MORRO BAY, CALIFORNIA--At its November 22 meeting, Morro Bay's City Council voted to help businesses become more accessible to people with disabilities, following a series of local lawsuits by a wheelchair user.

According to Saturday's San Luis Obispo Tribune, the city will waive all building and planning fees associated with accessibility upgrades through next July 1. It will also refund fees paid for upgrades started since July 1 of this year.

Officials of Morro Bay, a coastal city with an estimated population of 10,350, said waiving the fees would help keep businesses in town, while giving them an incentive to improve access.

Many businesses started widening their doors, building new ramps and putting in hand rails his summer after Jarek Molski filed a series of lawsuits along the coast, claiming the buildings violated the 1990 Americans with Disabilities Act. Molski, who is paraplegic, has reportedly filed more than 400 ADA lawsuits over accessibility problems in the past several years.

Molski calls himself "The Sheriff" and says he is a public servant who is simply trying to make businesses comply with the 14-year-old federal law.

His critics say he is filing the suits to intimidate businesses and make money for himself.

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