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Colombo's Restaurant, Pete's Blue
Chip, Ernie Jrs. and Troy Burgers
Hit Hard by Disabled Scam Suits-
BUSINESS OWNERS NEED TO READ THIS-
IMPORTANT
by Tom Topping
In the last month or
so, many local businesses have been threatened with legal action over
their supposed non-compliance with Americans with Disabilities Act (ADA)
requirements. A partial list includes Colombo's restaurant, Pete's Blue
Chip, Ernie Jrs. and Troy Burgers on York Blvd.
The businesses were threatened of
the possible action by a letter written on the letterhead of "J. Cohan &
Associates, Disability Rights Advocates." In the letters, which are sort
of a personalized form letter, alleged code violations existing at the
targeted business are listed.
The letter
then goes on to claim that the
"Unruh Civil Rights
Act' provides for civil damages in the amount of $4,000 for each
violation.
IF YOU GET A LETTER LIKE THIS DO NOT IGNORE IT!
Last year, several businesses in Highland Park were targeted including
Galco's Market (the soda pop place), Carrow's and Arco Iris Restaurant.
In the Galco's case, owner John Nese was advised by his attorney to
immediately address each one of the items listed, in this case it was to
repaint the striping of the handicap parking space. His lawyer called Mr.
Cohan, listed the corrections and Cohan agreed to drop the matter.
Troy's and Colombo's have both also addressed each one of their
alleged violations as well, and Cohan is trying to negotiate a settlement
with them.
Pete's Blue Chip, unfortunately, chose to defy Mr. Cohan and was
rewarded with a small claims suit asking for $7500.
Here are a few tips:
(I'm not a lawyer- always consult with your own attorney first!)
1 If you are not required to have a public restroom at your business-
do not let any member of the public use it!
2 If you get a letter like the one described- do not ignore it! You
must answer the complaint. Correct the violations you can, and document
them in writing.
3 Send the letter of reply to Cohan (or whomever sent it) addressing
each one of the violations- explaining that they are corrected or why they
do not apply to you. (Henry Oheda of L.A. Building and Safety was able to
visit Colombo's and explain exactly what needed to be corrected, and what
did not. The council office might be able to help facilitate that. 323 254
5295)
4 If a lawsuit if filed against you, ANSWER THE COMPLAINT, ANSWER THE
COMPLAINT, ANSWER THE COMPLAINT, ANSWER THE COMPLAINT!
(you can lose by default if you do not)
I have done a primary seach of the court records of advocate Mr. Cohan,
and disabled persons Mr. McClaurey and Mr. Whitbread, whom the letters
were written on behalf of.
Although many people settled with Whitbread and gave him money, I only
found one record of him actually sueing anyone for the disabled
infractions. He lost.
The only record of McClaurey is the
current suit against Pete's Blue Chip.
But J. Cohan is another story
altogether. He has sued in small claims dozens of times, maybe more.
Court records show him filing up to
eight small claims suits in one day, back in 1996. (the small claims
filing form now asks if the defendent has filed more that 12 small claims
suits in the last year or two in the last year for over $2500- this may be
why he now uses another person to sue)
Other records show he has a good
working knowledge of how to enforce a judgement, in one case he garnished
the entire checking account of an elderly couple he got a judgement
against.
More details will follow
in the June issue of the
Boulevard Sentinel.
PROTECT YOURSELF! I will be happy to talk
more with anyone else targeted
Tom Topping
Editor - Boulevard Sentinel
"to afflict the comfortable and comfort the afflicted" |
