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$10,500
each demanded from area businesses in ADA lawsuits
By Billie Jo Jannen
The Alpine Sun
ALPINE — Dozens of Alpine businesses were threatened with American’s With Disabilities Act lawsuits last week, in addition to several that were earlier served with full lawsuits.
The Julian-style scattergun of threats was orchestrated by Theodore Pennock, the handicapped lawyer who peppered Julian with ADA suits in December.
In his letters to area businesses, Pennock wrote that he had “recently” visited the town and had found it to be generally lax in its compliance with the 15-year-old law.
In those letters that The Alpine Sun has seen, he demanded payment of $10,500, with the amount to go up if the business fails to fully comply with ADA by March 27.
Attached was a lengthy — but as yet
un-filed — lawsuit complaint, Pennick alleged everything from incorrect support bars in restrooms to inadequate parking and ramps, to counters of the wrong height.
Many business owners did not receive the demand letters until Friday afternoon, March 24.
The Alpine Chamber of Commerce immediately scheduled its April 6 Hot Topics lunch to provide a presentation on ADA and ADA suits by local attorney David Dow and President Andy Kotner of San Diego Citizens Against Lawsuit Abuse (CALA).
One local store, Home and Soul, reported to
The Sun that it closed its doors when a full suit was served on the shop owner and owner of the property.
In a weekend interview with The Sun, Dow said that business owners should make haste to comply with ADA requirements, as the ADA does, indeed, allow for substantial attorney fees to be awarded if a full lawsuit is filed.
“And they can file a lawsuit if you’re not in compliance,” Dow said.
He also said that it may be wise for business owners who are unsure of their understanding of the complicated ADA requirements may retain an ADA consultant — someone who can review a business’ accommodations and advise the owner on what changes should or can be made.
The law, though complex, does define all of its expectations by the numbers: counters must be so high, walkways and doors must must be so wide, and restroom appliances must be at a certain height.
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guidelines.
Dow said businesses should not rush to close their doors, in hope of avoiding further issues with Pennock. It may not work anyway:
“They may still file to get the cost of the suit,” Dow said.
Under no circumstances should the letters be ignored unless the owner knows for a fact that the business was in full compliance prior to the letter being written.
“Barring settlement out of court, Pennock can only collect money from business owners if a judge awards it,” he added.
The chamber of commerce buffet lunch begins at 11:30 a.m., Thursday, April 6 at La Carreta Mexican Restaurant, 1347 Tavern Rd., Ste 28B. Both members and non-members are welcome.
Chamber CEO Pat Cannon warned that seating would be limited and reservations will be needed. The cost for lunch is $25.
For further information, or to make reservations, one may call 445-2722.
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Billie Jannen
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