by Nicole Banks
“I almost fell out of my chair”.
That’s the response Johnnie Walker had after learning the judges verdict.
NOT FOUND: local business.jpg“It was 6 months of a nightmare for me – because I gathered all this information myself in order to keep my legal costs down”.
Those legal costs were the result of one letter. That letter was from Scott Johnson, an ADA litigator from Carmichael. Johnson’s letters have appeared on doorsteps throughout the state from restaurants to dentist offices to gas stations. The notice states that the business must become compliant with various changes to disabled signage and parking as required by the American’s with Disabilities Act. It gives notice to alter the property and/or to settle with Johnson monetarily. For businesses unaware of the guidelines, it is a shock; some of whom risk shutting down for the cost of paying thousands of dollars in fees or construction for the proper wheelchair slopes, redesigning of the interior of a location and parking expansions.
For Johnnie Walker, it meant he was getting sued. He manages the property at 6500 Watt Avenue, but wasn’t the one to receive the letter. It was his tenant, operators of a massage therapy office.
“I’d never seen the guy before in my life. Neither had the people leasing my property. In court he had no receipts, no proof he came to the business. First I thought it was a joke or something. But it turns out this guy wanted a lot of money.”
He found out what Johnson was doing was neither a joke nor illegal.
‘The County gave me a permit 7 years ago telling me I was ADA compliant. That’s all I knew. I had parking for the disabled. I would have been happy to change the color of my stripe or make the necessary changes but the way he went about it…”
What Walker didn’t know was that in 2008 ADA laws had changed. Johnson’s letter stipulated that the property,” lacked a van accessible parking space, properly configured parking spaces, and accessible entrance” among other signage and striping requirements.
That’s when Johnnie started his research. He called around to other businesses and found some had received the same letter...verbatim. One associate told him, ‘I know a guy who can settle with Johnson for three thousand dollars’. Walker contacted his attorney.
He searched the internet for literature, called businesses that made payouts to Johnson to the tune of $3,500 to $10,000. Some who couldn’t afford it were sending checks monthly to Johnson for 200 dollars. Walker searched transcripts, county records, and the ADA website. He sent it to his attorney who then called Johnson. Johnson asked for $8,000 dollars.
“My lawyer said this guy is giving good lawyers a bad name”.
That’s when they decided to counter sue. The cause: Rule 11 or “a frivolous lawsuit”. Johnson tried to settle out of court for $6,000.
According to official court documents, Johnson has filed over 400 federal cases of this kind against businesses. Year after year Johnson filed an increasing number of ADA claims, in 2004 he filed 40. In 2005 he filed 99. In 2007, the number came to 131. Last year it was a whopping 318. He even filed a complaint “almost identical” to Walker’s on the very same day.
“Who goes to 9 different dentists or 75 different auto repair shops in one year?” asks Walker.
That letter, in court transcripts was found to be “not specific” according to the judge in the case. According to those same official documents, Johnson failed to “comply with the basic rules of evidence”. He couldn’t prove his case.
Johnson is reported as saying that he sends these letters to businesses he goes to that cannot accommodate his own disabilities; he is a quadriplegic. But because of the number of cases, he is now well known as an enforcer of ADA compliance.
Walker won. His countersuit made news when local TV station KCRA 3 aired the story. Johnson was required to pay Walker back his $5,100 in court costs and people going through a similar situation called him for advice.
“They’ve been calling everyday, all day long. From Marysville to Stockton and Tahoe to Sacramento,” says Walker.
Walker wants people to have his case number and he’s willing to share his experience as advice.
“Do your research, get in there and educate yourself. There is a serious problem because I never had a clue about any laws changing in the ADA requirements. I have 15 different licenses; Air Quality Control regulates us and sends us to workshops to educate us. ADA doesn’t have anyone (to keep us informed). We went down and talked to the county and they told us they didn’t have anyone to regulate ADA compliance because their officials were still getting trained in the new laws.”
And don’t be discourage if anyone asks for a site inspection. Though the ruling was final, meaning Walker could not have his case appealed; the judge went along with Johnson’s request to inspect the property. He specified things like barrier modifications and signage. In the end Johnson told Walker’s lawyer to have his property inspected when he does finish with ADA improvements.
For Johnnie Walker’s last word to business owners:
“I have no regrets – I would challenge him (Johnson). He’s not the person in charge of what the ADA is supposed to be. What he is doing is unethical. There are several hundred businesses paying him monthly. Who else is a victim?”
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There is information that is legal and available to get you out of costly improvements. We warn you the website is wordy, but for information on ADA requirements log onto: www.ada.gov
For California laws regarding the ADA: www.calchamber.com
The Business and Legal Reports site is also helpful in addressing the most current revisions:
Easy to read information can be found on architectural and building websites by doing a search for “ADA”.