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Disabled man files more than 250 lawsuits against businesses in Southern California
By Lindsay Christians
The Sun Bulletin
MORRO BAY - More than a dozen Morro Bay businesses are reeling -- and at least one closed -- after a disabled man visited lawsuit after lawsuit on Central Coast establishments he claims discriminated against him by making it tough for him to get around.
Jarek Molski uses a wheelchair because of a 1988 motorcycle accident. The 34-year-old Woodland Hills man said heavy doors and access ramps that were too steep posed access problems for him.
These are among a litany of other violations of the Americans with Disablities Act and state disabled-access laws that he claims in lawsuits against 50 businesses countywide.
Disabled parking signs at many restaurants aren't up to California code, Molski's lawsuits state. Counters at other eateries were too high, bathrooms too small and grip bars and paper dispensers were the wrong height.
At nearly every establishment, Molski claimed that he was humiliated and injured, including "upper extremity trauma" and scraping his knuckles.
In most cases, the businesses don't dispute the violations, but argue that they didn't know of the problems and were not given an opportunity to fix them before the suits were filed.
"He's a professional litigant," said Galley Restaurant owner and former Morro Bay Mayor Rodger Anderson -- among those who were sued.
The lawsuits are generally settled, but cost the businesses thousands of dollars, even before they make changes needed to avoid another suit.
The Hungry Fisherman, also in Morro Bay, closed last week after 28 years in business. Owners hung a banner stating the lawsuit led to the closure.
Sharron Pagent, who uses a walker due to having polio as a child, was dismayed when she saw the restaurant closed.
"For years I've been to these places. They're just small restaurants," she said. "I'd like to see up-to-date things ... but I don't think it's a good deal to go around and sue everybody to make my life more comfortable."
San Luis Obispo County Assessor Tom Bordonaro, who has used a wheelchair since 1977, called Molski's actions "despicable."
"I don't believe he's a crusader at all," Bordonaro said. "He's someone who's taking advantage of the system."
"If a restaurant's not accessible, they don't get my dollars," Bordonaro added. "I don't need to have access to every single building in every town in every state. Economically it just does not make sense."
Molski has made nearly identical claims against restaurants and wineries in the county over the past year, and has filed more than 250 lawsuits in California.
Thomas Frankovich, Molski's lawyer, is on vacation and Molski could not be reached.
But in previous interviews with a television station and other newspapers, Molski has claimed that his goal is justice for the disabled.
Upset business owners claim his objective is money.
Molski is "taking advantage of people who are trying to make a living," said Jay Hieatt, a San Luis Obispo civil attorney who has spent the past few years working with disability law cases. "If the real goal is (Americans with Disabilities Act) compliance, give them notice."
Hieatt said the claim that the sued businesses are out of compliance is usually true. The law is vague, he said, and there are no official enforcers from the state or the city.
Carla Borchard, who has owned Carla's Country Kitchen in Morro Bay for 17 years, said she "wants to accommodate everybody."
"Normally, when somebody's chipped a tooth or tripped in the parking lot, they always tell you," she said.
But until she got served about four weeks ago, Borchard said she didn't know Molski had been there at all, let alone that he'd apparently hurt himself in her restroom and had trouble opening the front door.
Molski claims that the violations of the law entitle him to "at least $4,000 per day" from the date of his visit until the alleged violations are corrected, plus medical costs, attorney's fees and punitive damages.
This adds up quickly, with the least expensive settlement local disability lawyer Gerald Mason has defended adding up to $26,000.
Mason, who is representing seven sued restaurants, said he remembered another, similar settlement that the defendants fought reaching $750,000 in damages.
Lawyers have been advising their clients to settle as soon as possible to keep costs down.
By Lindsay Christians
The Sun Bulletin
MORRO BAY - More than a dozen Morro Bay businesses are reeling -- and at least one closed -- after a disabled man visited lawsuit after lawsuit on Central Coast establishments he claims discriminated against him by making it tough for him to get around.
Jarek Molski uses a wheelchair because of a 1988 motorcycle accident. The 34-year-old Woodland Hills man said heavy doors and access ramps that were too steep posed access problems for him.
These are among a litany of other violations of the Americans with Disablities Act and state disabled-access laws that he claims in lawsuits against 50 businesses countywide.
Disabled parking signs at many restaurants aren't up to California code, Molski's lawsuits state. Counters at other eateries were too high, bathrooms too small and grip bars and paper dispensers were the wrong height.
At nearly every establishment, Molski claimed that he was humiliated and injured, including "upper extremity trauma" and scraping his knuckles.
In most cases, the businesses don't dispute the violations, but argue that they didn't know of the problems and were not given an opportunity to fix them before the suits were filed.
"He's a professional litigant," said Galley Restaurant owner and former Morro Bay Mayor Rodger Anderson -- among those who were sued.
The lawsuits are generally settled, but cost the businesses thousands of dollars, even before they make changes needed to avoid another suit.
The Hungry Fisherman, also in Morro Bay, closed last week after 28 years in business. Owners hung a banner stating the lawsuit led to the closure.
Sharron Pagent, who uses a walker due to having polio as a child, was dismayed when she saw the restaurant closed.
"For years I've been to these places. They're just small restaurants," she said. "I'd like to see up-to-date things ... but I don't think it's a good deal to go around and sue everybody to make my life more comfortable."
San Luis Obispo County Assessor Tom Bordonaro, who has used a wheelchair since 1977, called Molski's actions "despicable."
"I don't believe he's a crusader at all," Bordonaro said. "He's someone who's taking advantage of the system."
"If a restaurant's not accessible, they don't get my dollars," Bordonaro added. "I don't need to have access to every single building in every town in every state. Economically it just does not make sense."
Molski has made nearly identical claims against restaurants and wineries in the county over the past year, and has filed more than 250 lawsuits in California.
Thomas Frankovich, Molski's lawyer, is on vacation and Molski could not be reached.
But in previous interviews with a television station and other newspapers, Molski has claimed that his goal is justice for the disabled.
Upset business owners claim his objective is money.
Molski is "taking advantage of people who are trying to make a living," said Jay Hieatt, a San Luis Obispo civil attorney who has spent the past few years working with disability law cases. "If the real goal is (Americans with Disabilities Act) compliance, give them notice."
Hieatt said the claim that the sued businesses are out of compliance is usually true. The law is vague, he said, and there are no official enforcers from the state or the city.
Carla Borchard, who has owned Carla's Country Kitchen in Morro Bay for 17 years, said she "wants to accommodate everybody."
"Normally, when somebody's chipped a tooth or tripped in the parking lot, they always tell you," she said.
But until she got served about four weeks ago, Borchard said she didn't know Molski had been there at all, let alone that he'd apparently hurt himself in her restroom and had trouble opening the front door.
Molski claims that the violations of the law entitle him to "at least $4,000 per day" from the date of his visit until the alleged violations are corrected, plus medical costs, attorney's fees and punitive damages.
This adds up quickly, with the least expensive settlement local disability lawyer Gerald Mason has defended adding up to $26,000.
Mason, who is representing seven sued restaurants, said he remembered another, similar settlement that the defendants fought reaching $750,000 in damages.
Lawyers have been advising their clients to settle as soon as possible to keep costs down.
