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by Cody Combs http://wwmt.com/news/i-team/5-local-restaurants-hit-by-disability-lawsuits 5 local restaurants hit by disability lawsuits KALAMAZOO, Mich. (Newschannel 3) – Within the span of a few days, at least 5 different West Michigan restaurants were hit with lawsuits by one man, claiming the restaurants violated the Americans With Disabilities Act (ADA). Kalamazoo Beer Exchange, Food Dance, Texas Corral, University Roadhouse and Long Lake Tavern were all listed as defendants in the cases. The I-Team has learned the man filing the lawsuits, according to complaints filed in federal court, is a New Jersey resident, Francis Martinez, who has numerous disabilities. The court filings also indicate that Martinez considers himself a tester “for the purpose of discovering, encountering and engaging discrimination against persons with disabilities in places of public accommodation.” None of the restaurant managers contacted by the I-Team chose to speak on camera, but a few did speak on background, claiming the violations discovered were trivial, and could have been avoided had the Martinez approached them. “The bathroom toilet paper dispenser was not positioned in the proper spot, and they said the mirror was too high,” said one of the restaurant owners. “I would have preferred a letter instead of lawsuit,” the owner added. Another restaurant owner told the Newschannel 3 I-Team he thought his restaurant was in compliance with ADA, but learned he didn’t have the proper signage for handicapped parking for larger vehicles, among other small signage issues. That owner said he made the small changes, but also ended up paying thousands. Several owners say they have never received complaints from handicapped customers, who regularly patronize their establishments. The I-Team has also learned that many of the lawsuits appear to be settled out of court for an undisclosed amount. Randall Levine, a lawyer representing two West Michigan restaurants hit with similar legal complaints, critiqued them as “drive-by” lawsuits, accusing many of the plaintiffs like Martinez, of taking a good law (ADA), and taking advantage of it. “Just like anything else you have people who are motivated by financial profit,” he said. “They see this as an opportunity to extract money from restaurants.” Levine says the fact that the plaintiff is from New Jersey, proves he has little interest in visiting the restaurants again. While investigating the lawsuits filed by Martinez, the I-Team also discovered two ADA lawsuits filed by a Florida man, Santiago Abreu, who also filed ADA lawsuits against two West Michigan restaurants, Shakespeare’s Pub an RJ’s Sports Bar/Grill. Both Abreu and Martinez, seem to be filing dozens of lawsuits throughout the country. Levine says the sheer number of ADA lawsuits in this area is unprecedented. “I’ve been a trial lawyer for 35 years in this community and never saw one of these, and now in the last two weeks, I’ve seen at least two of them,” he said, referring to ADA lawsuits. Martinez’s lawyer, Michigan resident George Blackmore declined to comment specifically on what he described as “ongoing litigation,” but he did address some concerns presented by restaurant owners and lawyers critiquing his client’s cases overall. “This is a law (ADA) that has been around for more than 20 years,” he wrote. “While many people disagree about the proper way to enforce the ADA, thi sis currently how the law works.” Blackmore says although his clients are not Michigan residents, they are legitimately disabled. “A lot of businesses are not complaint with the required construction standards,” he wrote. “I encourage all business owners in the area to contact the Disability Network of Southwest Michigan and other qualified professionals to assess their property for compliance.” Newschannel 3’s I-Team asked Joel Cooper, President and CEO of the Disability Network of Southwest Michigan about its stance on what appears to be a spurt of lawsuits. “We always suggest that a person who encounters an accessibility concern at a local business first speak with the owner of that business before filing a complaint,” he wrote, stopping just short of critiquing the lawsuits. “Many times the owner is not aware of the problem and is willing to make things right,” he continued. Cooper, however, wrote that overall, the lawsuits are the end result of anger and frustration. “These so-called ‘drive-by’ lawsuits are often borne out of two decades of facing physical barriers that fly in the face of existing laws and regulations.” Below is the full statement on the lawsuits, provided by the Disability Network of Southwest Michigan: The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities. The ADA also sets out specific guidelines and regulations for the built physical environment that ensures minimal accessibility to people with physical disabilities. While Disability Network Southwest Michigan prefers to work with local businesses in the planning and design phase of development or remodeling to avoid potential ADA issues, that rarely occurs. Businesses hire experts to help them design, build and remodel their buildings and when we have reached out these experts have time and time again indicated to us that they “know the ADA” and “do not need our assistance”. Building code inspectors are not tasked with assessing for ADA compliance, nor do they tell businesses that even if they meet Michigan building code they still may not meet ADA standards. It is terribly frustrating. The reality is the ADA is designed to be a complaint-based law. No organization or government body is charged with ensuring that businesses are designed and built to be ADA compliant. There is no “ADA Police.” The law is only truly enforced when an individual formally complains about a lack of access. This puts individuals with disabilities and business owners in a difficult situation. People with disabilities often rightly feel that the ADA—a nearly 26 year old Federal law—is being blatantly ignored. Business owners might remain unaware of the scope of ADA requirements, not knowing that local building code officials only check for compliance with State building codes and not the (Federal) ADA regulations, and that the person(s) they have hired to design, build or remodel their buildings do not fully know the ADA standards. Disability Network Southwest Michigan will not comment on litigation against any specific business, but we understand the deep frustration of the disability community about the on-going discrimination and exclusion from community life. These so-called “drive-by” lawsuits are often borne out of two decades of facing physical barriers that fly in the face of existing laws and regulations. Architects, designers, builders, and even parking-lot striping companies routinely make errors that exclude people with disabilities for accessing key parts of buildings. We also understand the frustration of business owners who were told by the professionals they hired that they were compliant with all codes and laws when they were, in fact, not ADA compliant. We always suggest that a person who encounters an accessibility concern at a local business first speak with the owner of that business before filing a complaint – many times the owner is not aware of the problem and is willing to make things right. Individuals or businesses who want to learn more can contact Disability Network Southwest Michigan at (269) 345-1516.