ADA charges put
some local businesses
on the move
By Chris
Mac Kenzie
The Alpine Sun
ALPINE — When Theodore Pinnock rolled down Alpine Boulevard
in his wheel chair last year, it was very bad news for the small
business owners in town. Thirty of them, including businesses in
nearby East County communities, received letters stating that,
unless they changed their properties to conform with Americans
with Disabilities Act requirements, he will personally file suit
against them and assess a healthy fine.
One of the letters went to the owners of the
picturesque little building that graces the corner peninsula
between Alpine Boulevard and Arnold Way, which served as the
Alpine Chamber of Commerce until a couple of years ago. It now
serves as a Visitors Center and as an office for local realtor
Jeff Campbell.
About two weeks ago, Pinnock was again spotted in town
checking out the tiny building. Extensive interior reconstruction
would be need along with a long ramp for steep entrance steps
essentially spoiling its attractive architectural design. At press
time, the chamber had not decided what to do about it, nor had
Campbell decided where to move if he is forced to.
In practice, the ADA requires that ramps must be
installed to provide access to any public place, doorways, both
entrance doors and those to bathrooms, must be wide enough to
accommodate wheel chairs, and similar smaller changes. For many
Alpine building owners compliance was not an option. The
structures, often originally old houses, did not lend themselves
to such changes, plus the cost of doing so would be outrageously
expensive.
The result? Some small Alpine businesses simply went
under. Others have labored to comply with ADA requirements, while
a few have moved to new locations, already in legal compliance.
Pinnock has been confined to a wheel chair since birth
and also suffers from a speech disability, but as he explained in
a recent press release, it has not deterred him from graduating
from Harvard Law School, marriage, a family, and establishing a
law firm.
“When I was five years old, my mother made me climb up
a flight of 18 wooden stairs alone, all the while saying, ‘Yes you
can. Yes you can.’”
So, despite his disabilities, he has operated under
that philosophy all his life. He feels strongly about the lack of
access for disabled persons. “ADA,” he says, “is about providing
full and equal access to work, services, commerce and recreation.”
But he also believes that it is more than just that.
“When a woman with a disability is forced to enter a
back entrance to a restaurant, the woman’s dignity, humanity and
esteem is diminished.”
Andy Kotner, president of the San Diego Citizens
Against Lawsuit Abuse, can see both sides to the problem. He
expressed that group’s opinions this way, “It’s a law and we honor
it, and we want businesses to be compliant with it, but we are
opposed to the lawyer’s tactics.
Lawyers that are defending clients against these claims
are just as vocal, maintaining that there are other and better
ways to enforce ADA requirements. Nevertheless, Pinnock continues
his mission, pointing out that there is no government agency
assigned to enforce the law so private citizens must do the job.
Cindy Rae Rutledge, owner of Cutter’s Way Hair Salon,
described her forced move, which will happen on March 1.
“It just wasn’t possible to fix up this old building to
meet the ADA requirements demanded by that evil man, Theodore
Pinnock,” Rutledge said. “I can’t afford such a big expense and
the owner certainly didn’t want to do it.” Rutledge is hoping that
their long time clientele will be happy to follow the three
stylists to their new location in the Glamour Girls shop, next
door to The Alpine Sun office.
Another small business forced to move because of the ADA pressure
is the Alpine Porch that is opening in the former law office of
David Ault and Linda Robinson, attorneys who have departed for La
Jolla instead.
Marilyn Tison, the owner of The Alpine Porch maintains
that, “converting her old building would have been nearly
impossible to say nothing of the expense and beside we’ll have
more room in our new location.” She has two new partners as well,
Bob Rhoads and Terry Melton who owned La Mesa’s Ageless Antiques
Shop for 17 years before moving to Alpine a couple years ago.
Business shuffles
Before heading out to shop, Alpiners should be sure to
check the new locations of favorite stores — they might not be
where they used to be. Besides those who had to move because of
ADA requirements, a number of the larger businesses have also
played their version of the old game of musical chairs.
Most obvious is the Bike Shop, with its brilliant
orange flame décor, now settled in where Crows’ Passage used to
be. Crow’s Passage has moved farther down the Boulevard to the
former home of The Village Carpet. That business picked a very
obvious new location, the old fire station. Owner Kim Julian
reported that they wanted better visibility as well as more space.
Re/Max has taken over the former office of realtors
Russ and Dawn August, just to the east of the Alpine Library.
“We renovated it completely,” said Gally Warfield, “and
it’s a better location for us. We’re closer to the action and now
available for walk-in traffic. In our old location a lot of people
weren’t even aware we existed.”
The Augusts meantime settled into a new office in a
house set back from the Boulevard, to the east of Louise Street.
Alpine Frontier Gallery closed its doors with the death
last month of owner Henry Wolcott, but now his former business
partner, Lori Johnson, has expanded her picture framing and
knitting business into the extra space.
Another renovating project is taking place in the
former Bike Shop in order to provide for the expansion of Alpine
Saw and Lawn Mower and Alpine ATV and Cycle Center, which
presently fronts on Marshall Avenue.
A major move will be happening in a few months when the
Alpine Sheriffs take over the Michael James building at 2751
Alpine Boulevard. That insurance business is presently
investigating possible new locations. Since the Alpine Chamber of
Commerce is also located in the James building, it too will have
to find a new home.
A storefront, empty for many months, is about to
blossom into a pizzeria. Gerry Turro, owner of local radio station
107.9 FM, has taken over the space that was known as McGuffy’s.
He’s calling it Vinny’s New York style pizzeria.
Another change of ownership is the Tomra Recycling
Network located behind the Ranch Market, next to Fred’s Burgers.
The company has more than 400 locations in California. The former
owners have moved to a lot on Alpine Boulevard several doors east
of Louise Street.
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