it comes in pints?

Slapping lawyers

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Judge rebukes access lawyer
Disabled-activist attorney is ordered to pay $15,000 and go to ethics classes.

One of California's busiest disabled-access attorneys -- a controversial figure who has sued entire towns over alleged access violations -- has been rebuked by a San Diego federal court judge for his conduct in a recent case.

San Diego attorney Theodore Pinnock, who has cerebral palsy and uses a wheelchair, was ordered to pay more than $15,000 in legal fees incurred by a business owner who was sued over alleged access violations at a convenience store that wasn't even open for business.

[...]

In this case, the firm of Pinnock & Wakefield filed a class-action lawsuit in October against the owner of a convenience store in San Diego, alleging numerous access violations. The suit was filed on behalf of the Association of Women with Disabilities Advocating Access and Delores Jackson, 71, a disabled member.

Jackson, who uses a walker, said she had "researched" the store and had photographic evidence of numerous violations. In the complaint, she said she had intended to patronize the store but would have been thwarted by problems with signage, the entrance door, interior paths, counter height, parking and the restroom, among many things.

The businessman's attorney countered that the convenience store wasn't even open to the public at the time Jackson was allegedly denied access, having been seriously damaged in December 2004 by a flood.

Mitch Wallis, attorney for convenience store owner Marcos Mouet, also told the court that the small store, which remains shuttered, didn't even have a public restroom. Jackson's lawsuit also alleged that interior pathways weren't wide enough, but Mouet's attorney noted that the shelves had been pushed against the wall to fix the flood damage.

[...]

Pinnock has a reputation of filing numerous access suits. He told The Bee last year that overall he has lodged more than 2,000 complaints in California. ... In its investigation, The Bee found that Pinnock had asked a 17-year-old disabled boy to visit the Alpine businesses the attorney had targeted and offered to pay him $1,000 for each case that was settled. The boy refused.

Good for him.

And good for Judge Miller. I'm all for access, but I'm tired of lawyers abusing well-intentioned laws.

I'm reminded of the time the disabilities columnist (yes, they had one) of a local paper sued a local restaurant because one table, out of thirty or so, wasn't wheelchair-accessible. I don't remember the specific outcome but I think it was that the table was removed. Dude, use some freakin' judgment.

Posted by Ken S at March 27, 2007 05:58 AM | TrackBack (0) |