Jarek Molski, a paraplegic dubbed "The Sheriff" by fellow activists, has made
quite a career out of his disability. He has filed several hundred lawsuits
against restaurants and wineries in central and southern California, rattling off
a litany of complaints that seem to be cut-and-pasted from a "Check all that
apply" survey sheet.
Molski's attorney, Thomas Frankovich, claims that his client is merely seeking
"access" and opportunities equal to the able-bodied. If that were true, the suits
would be dropped once the businesses agreed to make the renovations required for
compliance. But Molski invariably seeks compensatory damages of up to $4,000 for
every day a business remains open without complying.
So far, two businesses have closed their doors rather than spend the time and
money needed to fight Molski's discrimination claims. Roger Patterson, owner of
Roy's Drive-in in Salinas, Calif., said he might have been willing to pay the
$10,000 required to refit his restaurant, but he knew he couldn't cover the legal
fees and damages. Frankovich's response? "If a guy wants to go out of business,
then fine, he can go out of business."
Congress is attempting to push through a bill requiring that all businesses
accused of ADA noncompliance be informed of their violations and given time to
renovate before a suit can be brought, curtailing the ambush tactics of
disability activists (at least until a loophole is found). Though the bill may
make it harder for activists like Jarek Molski to pursue their gold-digging
crusades, it comes a bit late for Roy's Drive-in and the people who for 50 years
have gone there for burgers and milkshakes. One hopes that Molski's heart is
warmed by the sight of shuttered buildings, with their empty parking lots
proclaiming equal treatment for all: now, nobody has access.
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