We’ve published a couple of stories recently about Richmond District businesses that are closing or have already closed, due to lawsuits against them for non-compliance with ADA guidelines.
The first we heard about was the “Big Heart” Video Cafe on Geary, and most recently, Thidwick Books at 11 Clement Street.
Many of you have commented on the articles, in particular about the lawsuits that have threatened these businesses and caused their closures. Some of you have asked in the comments what Richmond District Supervisor Eric Mar is doing, if anything, to help these businesses.
This evening, Supervisor Mar’s aide, Linshao Chin, left this comment on an earlier story:
It is unfortunate that an unscrupulous lawyer Tom Frankovich has exploited the law and has filed serial disability lawsuits targeting small business owners not just in the Richmond District, but throughout the city and state. Our office has heard from several businesses in the Richmond.
This is a complicated legal issue concerning state and federal regulation and we are working with the Office of Small Business to find them the help they need in these tough times so that they can continue doing business. Each case is unique but there are services and lending facilities that can help.
– Linshao Chin, Legislative Aide, Office of Supervisor Mar
As Chin mentions, Richmond District businesses are not the only ones being targeted by Frankovich. Back in September, a small rally was held in the Mission to protest the ADA lawsuits that he filed again mom-and-pop eateries. Read more about it here. Thanks to reader Jim for the tip.
Sarah B.
Here’s a lengthy article about Frankovich from a few years ago:
http://www.sfweekly.com/2007-07-25/news/wheelchairs-of-fortune/
It’s shocking that the Unruh Act hasn’t been reined in at all. At this point, this California law isn’t about making things accessible–it’s about getting rich by extorting small businesses.
“Under the ADA, plaintiffs are entitled only to injunctive relief — that is, that a problem gets remedied — plus attorney’s fees. However, in California, which has more ADA lawsuits than any other state, plaintiffs can piggyback claims in state court under the Unruh Civil Rights Act, enacted in 1974 as the nation’s first disabilities rights law. It provides damages of at least $4,000 per violation.”
And lest you think this lawyer actually cares about his clients and the disabled community, there’s this gem about his office:
“Nineteen steps above the street and without an elevator, the yellow three-story building that has served as the nerve center for countless ADA lawsuits is itself inaccessible to the disabled. The man who’s built a career tormenting the law’s non-compliers as scofflaws — and making them pay — must arrange off-site meetings to confer face-to-face with anyone in a wheelchair.
Besides ruining the architecture, putting in an elevator could cost a small fortune. According to the law, he says, it isn’t ‘readily achievable.'”
It’s too bad this is happening to independent vendors in the Richmond District. I don’t see any of this activity being reported in other neighborhood blogs, so they’re probably not getting hit. I noticed some new boutiques opening up on Clement from Arguello to 4th Avenue.
I just think it’s relatively difficult to maintain a successful brick-and-mortar venue in this economy in the Richmond District which is considered “way out there” to the inner city folks, e.g., Mission, Hayes, Haight, Soma, and Nopa. Plus, with the slowness and debauchery of the 38, the horrendous parking, and fogphobia, it’s possible most patrons are local, so the retailers are missing out on a whole bunch of shoppers who don’t want to make the trek. I mean, look how long Busvan’s been empty. A building that size on Valencia Street wouldn’t stay vacant for eight years. And that former metal shop on Arguello….it’s just a facade that nobody wants.
Hence, Frankovich is adding a lot of fire to an already intense situation. As much as I empathize with those who require access, I don’t see an army of assisted mobility persons patronizing Richmond District vendors.
In other words, tough cookies.
Eric Mar doesn’t really care about this. This is the same tinpot totalitarian wasting our tax dime on banning happy meals. He’s no better than the idiot shyster
Our business had to pay out in a settlement of $15,000! Even after the upgrades, which were minor since the law allows only what is cost reasonable to the business. A little foggy in my opinion.
It’s unfortunate this legalized extortion is occurring and inflicting even more peskins (vacant shops), in the Richmond. It’s comforting to know Mar is aware of it but does anyone really believe he’ll take any action?
The plaintiff in at least some of the Frankovich’s cases is Craig Yates. There are 115 ADA cases started by this guy:
http://dockets.justia.com/search?query=Craig+Yates&nos=446
Wow, these guys are running a serious business.
Eric Mar, here is how you can actually do something useful for your constituents for a change. Get on the phone with Fiona Ma and Leland Yee and explain to them that Unruh Act is hurting your district.
Jeez, this comment display is almost impossible to read. Plus, red on dark gray?
Actinopterygiisomethingstupid: Thing is, no business will move into those spots with Frankovich hanging overhead waiting to pounce. Since they’re all marked for ADA violations, unless renovations are made, you aren’t going to get any businesses in there.
I see so many Richmond businesses among the latest filings.
Le Soleil, Pho Clement, Turtle Tower, Prime Rib Shabu, Mayflower… It’s sickening.
Here’s a website that has most of the cases he filed, the handicapped fellow is named Craig Yates:
http://dockets.justia.com/search?query=craig+yates
More info on Frankovich:
http://legalpad.typepad.com/my_weblog/2008/09/tough-times-for.html
http://www.inclusiondaily.com/news/access/molski.htm
http://en.wikipedia.org/wiki/Jarek_Molski
http://www.morganhilltimes.com/news/251279-paralyzed-vexatious-litigant-cannot-sue-at-will
If what Frankovich (and Yates) are doing wouldn’t hold up in court — as is claimed by many, since remedy is not “readily achievable” in these cases — then why hasn’t some level-headed attorney out there filed a suit against him for violating the California frivolous litigation laws? Just by sheer volume there is likely a case to be made…
And if we’ve got any Richmond District attorneys out there reading, would you consider leading the charge?
@saschaben:
The reality is that these lawsuits are easy to file and difficult to fight. Often the cost of hiring a lawyer to fight this off would be just as prohibitive as remedying the problem. And Frankovich’s lawsuits aren’t frivolous, per se, because he’s still calling these businesses out for violating the law.
What needs to happen is for California to amend the Unruh Act to make these lawsuits more difficult to file.
There are 2 lawyers that work with Craig Thomas Yates, the disabled ex-contractor, who goes around to extort money from businesses, from mom and pop to larger businesses. One is Frankovich whcih everyone knows about and the other is Timothy Squire Thimesch. Apparently one lawyer cannot keep up with all the cases this fellow is filing, just this year alone is 55 cases to date, see http://www.Justia.com and type in Craig Yates.
What’s wrong with legislators in San Francisco ?? Obviously something is wrong with most people in California or we wouldn’t be voting for the democratics.
California state do have laws that help protect these “drive by” lawsuits, it’s the feds that don’t have laws against these ADA suits. We need to talk to the feds, not the state legistlators. ADA Lawsuits like the ones filed by Frankovich and Timothy Squire Thimesch were filed in the US Superior court, not the state district court. I think we are approaching the wrong people, there is nothing these districy supervisors can do to help these small businesses. Their answers sounds like there isn’t much they can do, except lend small business money to pay these lawyers off. Where is the justice !
These ass on wheels like to drive their fancy van (paid by tax payers), who lives at least 30 miles away from Richmond district (Yates lives in Novato), drive to “so call” patronlizing small businesses and then file suit for ADA non-compliant to extort money. B Star and Burma Star Restaurants had to pay $100,000 to Yates and Frankovich last year to settle the case. Are there no restaurants in Marin county ??
BIG article in the Chron today about the book store. Eric Mar is mentioned in the article as having gotten calls since he took office 2 years ago on the lawsuits. Nothing to show for it except agreeing with a suggestion to offer new business owners info on ADA. Nice progress on the issue Eric!
Looks like there are a lot of people we could turn to for help, and some legal research we need to do. Eric Mar’s response falls far short of the mark. I agree with the person who said he should be on the phone NOW to Fiona Mar and Leland Yee asking for a change to the Unruh Act. Also, I’ve learned that Frankovich has been sanctioned by the CA Bar, but that doesn’t seem to have stopped him. There’s probably more that can be done there, too. Finally, we need to determine if this is under state jurisdiction, federal jurisdiction, or both. Maybe some folks could ask Mar for a meeting and try to get this started.
Dear Mr Mar’s staff…if you read this, could you ask Mr. Mar to step up his efforts (kind of like all his happy meal press) and work on this? I realize not quite as progressive-news worthy, but it is a local issue that could use your help!
Supervisor Eric Mar,
Look at it this way Mr. Mar, even if you don’t care about the citizens in your district, at least think about what district you will have left if people like Frankovich continues to “lead the charge” with these lawsuits and drive business owners out of the city?? Some of the people that left comments on this have said that you might not be able to help these small business as it might be up the the state or federal. BUT YOU COULD MAKE SOME PHONE CALLS TO THE RIGHT PEOPLE THOUGH. You or others might not think I sympathize for the disable , I do but this is ridiculous!! So please DO SOMETHING!!!
Where are you Eric Mar?? Have you been doing anything about this situation? PLEASE RESPOND.
These two are also hitting the Sunset District wracking up over 30 lawsuits in SF alone. Frankovich prior to this wracked up over 100 lawsuits with a disabled man in the Los Angeles area. Check my site for a similar story. I emailed copies of it to every supervisor and the Mayor and have yet to receive a single response. I have usually received a response from at least a couple of the Supervisors.
I went to high school with Eric Mar and it seems just as back then, he’s focusing on his political ambitions more than serving the people he was elected to serve.
I suggest that we vote for another supervisor next election!!! SUE LEE!!! I SUPPORT YOU!!!