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Monday, April 10, 2006

Standing Up to the Disability Police

A bunch of small business owners in Alpine, California all got the same extortion letter from a lawyer.

Mike McKany, owner of Alpine Liquor, received a letter informing him that he was being sued for three counts of violations of the Americans with Disabilities Act (ADA). He was informed that three different aggrieved customers were suing him for damages of $10,500 each. The letter, from attorney Theodore Pinnock, offered him the option of settling if he called that day. The attorney offered to begin negotiating down from the $10,500 for each count, as long as the first payment was received by the following Monday.

McKany was puzzled by the alleged violations. Two years ago, California Lottery officials had assured him that he met the requirements of the ADA. His business had to be in compliance with ADA as a precondition of being allowed to sell California lottery tickets. The suit alleged that Alpine Liquor’s restrooms were not handicapped accessible. The liquor store doesn’t even have a public restroom. Pinnock’s letter claimed that McKany’s business did not provide disabled parking. But his parking lot does have disabled parking.

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