The 76 gas station located at the corner of 25th Avenue and California is the latest neighborhood target of an ADA lawsuit, where plaintiffs are seeking damages for accessibility violations.
The gas station’s owner, Sam Zgoul, received a 2 page letter in mid-December from the law office of Nick Avtonomoff in Mill Valley, CA. The letter is addressed to several stakeholders in the property including Manuel’s Auto Repair which operates on the lot, and ZipCar, who uses four parking spaces on the property to store and rent out cars.
The letter was accompanied by a 19 page proposed complaint, outlining the grounds for the class action suit against the business owners. The complaint has not yet been filed with Superior Court.
The crux of the proposed complaint is about 1 parking space – a disabled parking space to be precise. In 2009, ZipCar began using the 4 spaces on the California Street side of the gas station to store their rental cars. At that time they took over the existing disabled parking space that was on the lot, bringing the disabled space count to zero.
By law, the gas station is required to have one, designated van accessible parking space for its disabled customers. The proposed complaint alleges that “restrooms, cashier, food and drink are inaccessible because their is no van accessible parking on the premises.”
In other words, because they can’t park adequately, disabled customers are unable use the restrooms, access the cashier, or purchase food and beverage. The complaint does not allege any violations with the restrooms or mini store on the premises – only that there is no designated space for disabled parking.
“I never have any problems with handicap customers,” Zgoul said. He works at the station 7 days a week from 6am until 10pm, and says he was never approached by a customer with complaints or noticed any customers having issues.
Nevertheless, Avtonomoff asserts that the plaintiffs in the complaint “consist of disabled persons who have used, or attempted to use, the facilities owned, operated or maintained by defendants.”
Zgoul took ownership of the gas station just one year ago, which already included the ZipCar franchise. He was not aware of any problems the previous gas station owner had with disabled customers.
Things started to get strange about a month before the letter arrived. Zgoul says a man was on the block every day, several times a day, taking photographs. The man would often come with his wife to gas up their Ford Explorer.
Zgoul asked the wife why her husband was taking pictures. “Oh don’t listen to him, he’s crazy,” she told Zgoul. Zgoul last saw the couple a few days before the letter arrived.
Turns out the mysterious photographer was probably an investigator for Avtonomoff, who mentions in the letter that they have “numerous photos, taken over many months by counsel and investigators.”
Since the letter arrived, ZipCar did add a disabled parking space on the south side of the gas station’s lot which is reserved for disabled customers. According to ADA law, the spot includes the required “Van Accessible” signage.
Zgoul says he has not been contacted since the letter arrived and he has not contacted Avtonomoff because he does not have a lawyer. “I don’t have the money to hire a lawyer,” he told me. The letter states that Avtonomoff “will only accept, and welcome, contacts by licensed attorneys.”
While ADA law caps damages at $4,000 for each violation, the potential financial hit from the suit could be much higher for Zgoul and his co-defendants.
According to the complaint, plaintiffs are seeking “recovery of statutory compensation for damages in the sum of $4,000 each, per occurrence, general damages, including damages for humiliation, embarrassment, and emotional distress. Plaintiff(s) claim punitive damages. Plaintiff(s) further seek recovery for reasonable attorney fees, expenses and costs.”
If a suit is filed, Zgoul will be required to file a response within 30 days. But Avtonomoff and his clients seem most interested in working out a settlement and avoiding trial, as evidenced by this portion of the letter:
“Therefore we request that you have your counsel contact this office… Your counsel should have a working knowledge of the factual and legal matters raised in the Complaint, and be prepared to discuss settlement. We expect all matters, including remedies, damages, attorney fees and costs, to be resolved within 60 days.”
The 76 gas station is yet another in a long list of Richmond District businesses that have been hit with ADA lawsuits; several of them have gone out of business as a result.
In reaction, the city’s Small Business Office created an ADA guidelines document for small businesses, and began better publicizing a loan program via Opportunity Fund that is available to businesses needing to make ADA upgrades.
In keeping with the other complaints, this latest is also targeted at a business owner whose primary language is not English. Zgoul, an American citizen, immigrated to the Bay Area from Jordan twenty years ago, but freely admits that his English is “not so good.” He told me that understanding the letter and the complaint has been a challenge.
“I think the Mayor should stop this kind of thing,” Zgoul said when referring to the string of ADA lawsuits that have been putting the squeeze on small businesses. Several of Zgoul’s disabled customers have vowed to show up and support him at the courthouse if the case does go to trial.
Zguol says the potential lawsuit not only threatens his business, but also his family. “I’m feeding 11 mouths from this station. If something happens to me, I’m going to close. Because I can’t afford it.”
Sarah B.
The disabled, van accessible parking space that is currently available at the station
The four spaces that ZipCar uses on the property
Thank you so much for helping bring Sam’s situation to light. He is a true gentleman being targeted by some of the lowest bottom-feeding parasites humanity has to offer. Please keep us informed of anything we can do to help.
The letter lists a po box in Mill Valley, but a quick google search shows Nick Avtonomoff in a fat victorian on the corner of California and Franklin. I wonder how many decent people he’s ruined to afford that.
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@orion – Please hold off on personal attacks and posting private information. For what it’s worth, I think that building on the corner of Franklin & California are offices.
Sarah B.
Yet another sleazoid money-grab from the vultures using the ADA to fatten their bank accounts.
Maybe Leland Yee can work to repeal the California law that allows for punitive damages and legal fees.
“According to the complaint, plaintiffs are seeking “recovery of statutory compensation for damages in the sum of $4,000 each, per occurrence, general damages, including damages for humiliation, embarrassment, and emotional distress. Plaintiff(s) claim punitive damages. Plaintiff(s) further seek recovery for reasonable attorney fees, expenses and costs.”
Isn’t there the option for a business owner to correct the infractions instead of paying the suit? It seems very unfair that someone can be sued for a condition they were not aware of. If you make them aware of the problem, and they fix that problem that should be the end of it. If they don’t fix it then the suit can go forward as a penalty. Maybe a 30-60 day grace period to fix the problems? That way the cost paid out by the owner goes to actually solving a problem including hiring locals to fix it instead of to what I assume is substantially lawyer fees.
I really dislike that you can be sued for something without anyone even having an adult conversation with you about the problem. With a little courtesy I’m sure most people would simply fix the issue.
It’s a cash grab, plain and simple. They attack those who have little to no means of defending themselves. It’s disturbing, and the inaction of the old/new mayor or the BoS is even more disturbing.
What I can’t believe is that there aren’t any lawyers that can take on these cases on a pro bono basis. If someone was able to step up and fight this in a court by proving that they have obeyed by the ADA guidelines now I don’t see this guy continuing to be a money grabber.
Also, isn’t a gas station basically one big parking lot? I’m sure the owner would allow someone to park in front of a pump to be able to use the restroom or buy food or drink.
This is crazy. Someone from our government needs to step in and start bringing a meaningful balance to this practice between helping the disabled and fleecing well meaning business owners. I’m sympathetic to disabled people, I for a period of time was disabled, but this is clearly a case of abuse of the laws in the opposite direction.
I feel like I am being discrimated for not (no longer) being disabled.
sorry sarah, the info was easily had by googling the lawyers name, i thought it was relevant since he was running it through an out of town po box instead of his sf office, which looks pretty grand compared to the gas station he is picking on. as for personal attacks, no need for that, his actions speak for themselves.
Here is a website discussing this issue:
http://www.legislativedisgrace.com/
Sam is a true gentleman. Thank you for picking this story up. I heard about this case from Sam recently while getting gas and have been worried about his business. Hopefully we can generate some neighborhood support and help raise awareness of the blackmail that is going on around the city.
oh wow, there’s a whole site about ADA related cases, a must read!
http://www.adaabuse.com/
Thanks for continuing to publicize this guy’s ‘legal extortion”. I’m appalled. I wish the mayor and BoS would step in and provide the small businesses with some way to fight this guy’s lawsuits before we lose even more of our mom and pop stores and services. This would be a much more directly beneficial use of our elected reps’ time.
Any word yet as to whether or not he has legal counsel? It does sound like this attorney is trying to bully him into settling.
Yes, this sounds like a case for pro bono legal assistance, and, as I read in the paper, the local legal offices who have been doing pro bono work for homeless persons with citations are no longer going to go to court for those homeless will now have another good cause. And then the issue of punitive damages and legal fees can be addressed by the California legislature and the federal government.
gosh i love that this is my hometown, but its getting more and more unrecognizable. i used to be bummed that i was so old lol! but i’m glad i was able to grow up in the 70s/80s and catch the end of the good ol’ days. since the mid 90s this town has been failing as a slave to the green. it just gets more and more ridiculous. i guess the aim is to drive everyone out of business. what then? eventually there will be no one left in this town working.
wasn’t finished but now i’ve lost my thought. bottom line, the town is being ruined and no one is going to be able to make a living or even live here. sad and sucky. i had hoped it would be longer before such crap had reached the outter-lands, but i guess we can’t go unnoticed forever.
Where is Mr. Mar? Sorry, this needs to be addressed, aggressively, by our Supervisor.
What’s with the focus on supervisors? They’re addressing this issue as best they can. It is federal (ADA) and state laws that are being abused and need to be amended. What about Gavin Newsom? I don’t recall him addressing this issue before he left town. As Lt Governor, he has lots of time and influence on his hands.
All it takes is one who will stand up against this abuse of ADA intent:
http://www.sierrasun.com/article/20110321/NEWS/110329985/1066&ParentProfile=1051
CrankyGal says it all. Supervisors represent elected *representative* access to the structure of policy-making power in this municipality. These ADA scams are money grabs that impact the lives of *hundreds* of people (not to mention business patrons) in the Richmond. Again, where is Mr. Mar? Where is his pubic statement on this issue? I’m not attacking Mr. Mar; I am pointing out what I see as a lack of representation on this issue from someone who can (and should, given his position) bring it up as an issue that demands *immediate* attention. We’re talking about the livelihoods of hard-working business persons who are literally being blackmailed and scammed out of their businesses. Again, Mr. Mar, why is there no *vocal opposition* to this outrage?
With due respect, many politicians won’t want to get dragged into something like this, because they’re looking down the road at how their opposition to a scam like this can be taken out of context, and have their words used against them in a future run for office. For instance, Mar’s future opposition could take things he says about this outrage and make it appear that he is insensitive to the needs of the disabled.
My answer to that? Do the *right thing*, Mr. Mar (or any politician). It’s high time we have politicians in place who are more about taking care of the *people’s* business, that their own personal political futures. The latter, I fear, is what Mr. Mar’s silence on this issue is really about. I would *love* to be proven wrong about this assumption. Mr. Mar?
Nick Avtonomoff is the attorney, his clients work for advocates assisting disabled americans. It’s a corporation and when you search the california business portal, you’ll notice Mr Avtonomoff’s wife as the person who runs it. It’s under her maiden name. essentially, they are hired to hunt out these infractions. they will be hitting me up for $16k if I settle and I have to, I was in violation. Ironic that NONE of our disabld customers advised or warned us, because it was accessible enough. if you search san francisco court, marin court, and san mateo court indexes, you’ll see this is a full time effort and helps explain why both the attorney and the corporation named “advocates assisting disabled americans” happens to have the same address in an affluent, very affluent neighborhood in marin. Ethical? no! I’m a locally owned small business, if my insurance does not cover this, and I can’t get a loan, I will go bankrupt and 14 good employees will lose their jobs, just like me. not only do I not mind becoming compliant, but I’m doing so next week, but these people don’t really have the disabled communties best interest at heart, but rather a profitable low effort high income work. A few photos, my antonomoff’s cookie cutter preforms letterhead with all of the same rhetoric about humiliation his clients have suffered, but they keep getting humiliated, or rather-looking for $4000 per violation. so if u send out three disabled people and the business has two violations, that’s at least $24k, now you know, and we all pay for this-loss of businesses, raised prices to offset this, and increased insurance premiums.the corporation was only started after the fies were increased from $1k to $4k per violation-I’m sure it’s just a coincidence. they have been shaking down businesses, or enforcing the law since 2007. nice people, how do they sleep at night? one day either a law will protect us from these professional victims, or they will have to operate the businesses they bankrupted
Someone should sue Avtonomoff. Again, where is Supervisor Mar. This needs to stop, NOW!