Arriving in inconspicuous plain white envelopes, attorney Scott Johnson’s letters have some local businesses working frantically to avoid lawsuits.
And the letters are no scam.
Johnson, a quadriplegic, is an attorney focusing on compliance with the Americans with Disabilities Act (ADA) since 2004.
That’s the same year California raised the minimum fine per infraction from $1,000 to $4,000, Johnson said.
The attorney has sent letters to businesses in Sacramento, Roseville and Auburn during that time, according to news reports, and now Lincoln.
Johnson said he sends letters to businesses “wherever I go.”
Pete Alcala, owner of Ace Body Shop and Towing on G Street, received one of Johnson’s letters on April 13.
“I have really no clue why I got this,” Alcala said.
It is a form letter, stating that Alcala’s business is not in compliance with the Americans with Disabilities Act and asking that it be brought into compliance within 90 days. It also states that business owners “should not rely on city or county building inspectors, state lottery inspectors or non-existent grandfather clauses.”
The letter is signed by Johnson, with a contact address in Carmichael but no phone number.
Alcala said that at least two other area businesses also received letters.
A similar letter was sent about the same time as Alcala’s to Scott Swenson at American Home Realty, next door to Alcala’s shop.
“I didn’t know if it was a scam but my building was remodeled eight or nine years ago and I thought it was just a letter that had gone to every business in Lincoln and didn’t apply to me,” Swenson said. “I’m going to look into it a little further.”
Alcala didn’t wait.
Within days of receiving the letter, he contacted city of Lincoln Building Official Todd Cunningham, who pointed out some areas that were out of compliance.
Cunningham has no authority to enforce Americans with Disabilities Act codes as it is a national civil- rights act.
“We have no statutory rights to enforce it,” Cunningham said. “It’s (the business owners’) responsibility to know and comply with it.”
Even when new buildings go up, Cunningham said, they are typically only inspected for California’s set of laws regarding disabled access.
Cunningham said he is not currently qualified to pass any businesses on federal ADA guidelines.
That will all change in about a year with SB1608, a state law passed last year that will require specialists at local jurisdictions to know the federal guidelines and inspect businesses for compliance by sometime in 2010, Cunningham said. The time delay is meant to give inspectors time to get certified – a process Cunningham is currently going through.
“Essentially what this law is designed to do is you would call me, I’d come out and do an analysis of the building and could put a sticker on the window,” Cunningham said. “It’s designed to give you time. It’s just getting its legs.”
Cunningham said stickers issued by certified inspectors on the window would show that work to come into compliance is in progress and it would fast-track any lawsuits that arise.
“I voted for that bill last year,” said Assemblyman Ted Gaines (R-Roseville). “It allows for corrective action before litigation.”
After painting a disabled-parking spot and installing a new, wider door with Americans with Disabilities Act-compliant hardware, Alcala said he has spent about $700.
“If we don’t comply, I’m going to get sued,” Alcala said. “I can’t afford it. I firmly believe the city should be backing us. If we’re not in compliance, someone should let us know.”
Alcala, whose building was built 60 years ago, has been in business in the same location for 17 years. He said he wants to comply but he’s not sure who to turn to for help.
Johnson said his letters are not required and that he could file a lawsuit anytime he sees an infraction.
In response to questions over why his letters don’t include a list of the infractions, Johnson said he sends generic-form letters because, if he identified specific infractions, that would be all the business owner would fix and there may be more than he identified.
“Any time period that they need to do the modifications, that’s fine with me,” Johnson said. “They just need to keep me in the loop.”
Johnson said his intention is to bring businesses into compliance, despite some businesses’ claims that he is making a living off of it.
When asked how many letters he had sent to Lincoln businesses, Johnson merely replied, “several.”
“They’re the ones breaking the law,” Johnson said. “The ADA came in 1990. Why are they still in the Dark Ages? It’s unacceptable.”
Judy Guiraud, a Lincoln resident who uses a power chair, said that she appreciates the businesses that are in compliance and enjoys shopping in Lincoln.
With that said, Guiraud also understands what Johnson is doing.
"As a person who can’t get myself into most of the buildings in Lincoln, I have no problem with him," Guiraud said. “What Scott’s doing seems odious, but if people abide by the law, he would be out of business.”
Guiraud added that most businesses “probably want to be compliant and that the changes to come into compliance usually aren’t very expensive.”
Next week, Brandon Darnell will have a story about what steps should be taken to avoid a lawsuit on disability issues. He can be reached by e-mail at
brandond@goldcountrymedia.com.
more info:
http://www.ncd.gov/newsroom/publicat...arprogress.htm