@@Only1199 ..it’s criminal yes ..but 50 years is a bit much ..restitution ..disbarment ..and 6 months to a year ..I’m no judge ..but we’ve seen murderers get less than 50 ..cmon ..I get ya tho ..freakin lawyers man ..some are just evil ..
Im all for ADA compliance for Businesses. But, there needs to be changed. IE like NO LAWSUIT until reasonable amount of time for the businesses to Correct the issue has past. Like 2 to 4 weeks Minimal has past after The issues were told to the business. After the Time has past with NO replying or fixes done.
Ya ! Finally some good news ! The law in America is a shame . I paid 6 thousand dollars for my attorney to forward my medical information to social security, shame on the social security administration for being such a pain in the ass .
WOW - I never thought I'd see an NBC bit that I agreed with but they got it right - abuse of the legal system is something we all pay for in the end. The guy claiming the suit is pure toe jam and should have to pay the amount he sued for and all legal fees. The scumbag lawyer who actually was his coconspirator should also pay the same amount and be disbarred and blocked from every passing the bar in any US state again.
As a person with genuine disabilities I find what these people did to be disgusting. Most places I go too are more than willing to accommodate my disabilities. And the ones that do not I don’t go to anymore. Simple.
I agree with you completely. I am confined to a Mobility Scooter when I go out (due to disability, not laziness) and I have found nothing but kindness from shops. When I can't get in (or won't becuase I think believe it to be unfair or unwise to take my ' Buggy' within) they are usually more than willing to come me and serve me outside.
The ADA act is there to make sure those companies that don't accommodate disabled people do so. Or be liable for the violations. No disabled person should, "just not go there anymore".
@@davidmiller4594 : I agree. That being said, there needs to be some fairness in the process. The rules and regs that have been promulgated under the ADA are complex and arcane, and well beyond the knowledge and expertise of small mom & pop business owners. For that reason, the law should require complainants to notify noncompliant businesses of any perceived violations and give them a reasonable opportunity to correct them before running off to court.
@@davidmiller4594 No, that's not true. A person can file an ADA lawsuit without any prior notice to the business. That's the problem. That's why these shysters are doing this. A "safe harbor" modification to the law like I suggested would solve that.
The management company should be charged also. Racketeering since they were the ones who received the bulk of the money, they used this guy to gain more than the person filing the lawsuit.
They can still file a suit but they can't use it to scam business owners as those would be a) given ample time to respond and b) fix the issue. That way the business owner is protected from scams AND only lawsuits that are meant to actually improve accessibility will be filed as the business owner won't feel forced to just cough up money to the plaintiff. He can just spend that money on fixing the issues filed in the lawsuit. At least that was my understanding from watching another video on this topic.
Simply Provide some EVIDENCE . Photographic , Witness Statements/Petition , Etc . Kind of like the Old " Rape " allegation laws . Now some material PROOF is required .
They can file a suit, but not demand money to settle, only that the business corrects the faults in its disability access arrangements. There would thus be no financial motive to do so.
The problem is we've gotten away from simple laws and have made it so convoluted that it allows for interpretation or loopholes. Gone are the days of, you can't do this or you must do that. There are too many if's and or's mixed into the simple laws that they should be.
local hooters uses the sidewalk for more seating. Park in the handicap spots on the side, the ramp is now seating forcing you to go around a large tree and walk in the road to the front ramp, that is if a car isn't parked there
The saddest part of this is that the people behind this have now restarted the scheme in another US state but have hired a few people with actual disabilities to be the front person for the applications. Thus the scheme carries on. However, it appears in some areas the local businesses are taking the matters to the authorities to find out why they weren't given time to comply.
@@Michael-of6zf only problem is the businesses would be out legal fees it would cost them. They need some kind of guaranteed financial recourse from the individuals bringing the suits
My wife is in a wheelchair. Less than 5% of businesses comply with the ADA. Sanction dishonest plaintiffs and their attorneys but don't tske action which incentivizes noncompliance with the ADA.
This is still happening now with a brother who owns a small business in the South Bay in the Bay Area. It’s stressing them and thinking of closing their business.
I'm all for ADA parking spaces having two paraplegic relatives in wheelchairs, also pregnant women, people with small children, and of course DAV but it would be nice to have spaces for old guys with bad backs like me who don't qualify for PD tags.
@@richardmillhousenixon EGO! Could be but I'm not ready to show the world I need it yet as I walk with a walking stick more and more and use the store scooters if I have alot of shopping to do.
@@donaldjones3580 Hey, man, it's nothing to be ashamed of. I'm 20 and I've had a ADA placard since I got my license at 16. If it helps you out then it's nothing to be ashamed of.
The root of the problem here is that a person can file a frivolous lawsuit for free, and face no penalty. Yes, the courts can eventually allow the defendant to recover costs of defense, the person can eventually be deemed a vexatious litigant, but this is very seldom done. What has to be done is to require the loser of any lawsuit to pay the other party's costs. That said, it is also true that what these miscreants did was not to find a loophole in the law, but to exploit the law in a way foreseen and intended by Congress, which wanted to make it easy for people to sue. The ADA law invites abuse and for that reason should be repealed.
Require 'loser pays' simply blocks every lawsuit against defendants with greater resources. If a judge feels that a lawsuit was filed without merit, he can always award costs; this is a solution without a problem, and a boon to deep-pocket defendants.
@@petercollins7730 The problem is exactly what this video is all about. Meritless lawsuits filed solely to extort undeserved "settlements" from defendants who cannot afford to defend themselves. Apparently you like extortion, at least when you are not on the paying end.
@@louisc.gasper7588 And that is exactly what happened in this lawsuit - the claimant was forced to pay costs. This case proves my point and utterly destroys yours - there is no need for a draconian, defendant-protection act rule when there is ample ability to, if appropriate, force the complainant to pay costs.
@@petercollins7730 In the first place, costs were ordered only after this perp had successfully extorted dozens of settlements. Secondly, you don't have much experience in American courts if you think courts other than very rarely require a losing claimant to pay the costs of defense.
@@louisc.gasper7588 In order for the court to lay costs, the defendant must reply to the suit and, on winning, request costs. The law you want would not have given costs to any of these defendants because they did not win the lawsuit. I'm sorry that you overlooked that fact. I am familiar with how often courts assign costs. You have provided no evidence that it would be appropriate for the courts to assign costs more frequently. It is reasonable to assume, given that we consider rulings of judges to be accurate and appropriate, that defendants are not entitled to costs. The attempt to force plaintiffs to pay costs whenever the defendant prevails is a clear and obvious attempt, by wealthy corporations and individuals, to illegally suppress legitimate lawsuits against them. You have provided no basis whatsoever to suggest that this is untrue - in the present case, the outcome you want is exactly what happened, without any law that unnecessarily chills the ability of plaintiffs to file meaningful suit.
How come it's only republican representatives that are fighting for these business? In the thirty-three states where they are having problems with this type of litigation, only republicans have tried to bring laws to protect them.
The problem is business owners not knowing the Law ... my own printed copy of the ADA here by my desk is getting to be very well worn ... I use it and profession publications are usually really good about updates ... it's fairly easy and well documented to keep my own type of business in compliance (residential rental management) ... I don't condone these bad actors behaviors, but then again they drive out my competition which increases profit margins for me, and all I have to do is follow the Law ... easy peasy ... so easy in fact, business owners who don't know if they're in compliance with the ADA most assuredly are in serious violation ... and they know it, thus they pay the extortion ... the only thing I gave was driving directions to the local court house ... "so sue me" ... Five pounds force to open a door? ... your door is broken ... oil the hinges ... a six-week-old kitten should be able to push a door around, don't be such a cheapskate, hire a carpenter ...
It seems to me that an attorney could file a class action against the shady lawyers, plaintiffs and Litigation Management Services to recover $ for the victims.
As a British disabled person with a law degree and the lead advisor at a Disabled Peoples Organisation I've found these cases disgusting and fascinating. We basically copied our original DDA, which is now incorporated into our Equality Act, from the ADA about five years after your legislation come out. I've often wondered what the remedies are under the act as these people are willing to pay out so much to avoid court. In the U.K., unless there’s injury, the first remedy is to fix the problem if it’s reasonable. Then you can get fined for not following the court's order if you don’t do as ordered. This is the first video I’ve seen that says your remedy is exactly the same.
Then that's basically ially fraud if someone's sues on thier own if a judge honoours it then the judge should also be held responsibility to the judgement also 5:265:26
![Watch Cops Seize Combat Vet's Life Savings [RARE FOOTAGE]](/img/n.gif)
The lawyers should get 3 times the penalty as their client.
All those lawyers need to be disbarred for life and 50 years in prison, everything they own sold and paid back to those they cheated!
Disbarred? ..yes ..50 years?? ..cmon ..
@@freedomtrucker2332 cmon what, they need to pay the price with jail time, 50 years is about right.
@@Only1199 ..it’s criminal yes ..but 50 years is a bit much ..restitution ..disbarment ..and 6 months to a year ..I’m no judge ..but we’ve seen murderers get less than 50 ..cmon ..I get ya tho ..freakin lawyers man ..some are just evil ..
As a former realtor from Colorado, I totally agree with that judge!
They all should go to prison for each offense. 43 cases equals 43 years.
86 yrs
@@VAMobMember I prefer nice round figures, 90 with time off for good behaviour!
@@colinmoore7460 NO FRACKING WAY. No time off for good behavior, you ADD time for bad. For ANY crime
Disgusting this is still going on. They should look at the rest of litigation cases too. Money equals power. Change the laws.
@@spateri728 The problem with changing the laws, it will be done by the same lawyers. Prison time for lawyers is the only answer.
They need to be charged for extortion.
A truly disgusting scam!
Im all for ADA compliance for Businesses. But, there needs to be changed. IE like NO LAWSUIT until reasonable amount of time for the businesses to Correct the issue has past. Like 2 to 4 weeks Minimal has past after The issues were told to the business. After the Time has past with NO replying or fixes done.
Ya ! Finally some good news ! The law in America is a shame . I paid 6 thousand dollars for my attorney to forward my medical information to social security, shame on the social security administration for being such a pain in the ass .
This kind of thing makes it unreasonably difficult to deal with real cases, when there are real problems!
Every last idiotic "Full Employment For Tort Lawyers" law should be repealed.
put him in prison for the rest of his life
Send he and his attorney to prison.
General population.
Only lingerie to wear.
Let events run their course.
WOW - I never thought I'd see an NBC bit that I agreed with but they got it right - abuse of the legal system is something we all pay for in the end. The guy claiming the suit is pure toe jam and should have to pay the amount he sued for and all legal fees. The scumbag lawyer who actually was his coconspirator should also pay the same amount and be disbarred and blocked from every passing the bar in any US state again.
This is only a local NBC affiliate in Colorado...not the big guys that you and I detest and despise.
As a person with genuine disabilities I find what these people did to be disgusting. Most places I go too are more than willing to accommodate my disabilities. And the ones that do not I don’t go to anymore. Simple.
I agree with you completely. I am confined to a Mobility Scooter when I go out (due to disability, not laziness) and I have found nothing but kindness from shops. When I can't get in (or won't becuase I think believe it to be unfair or unwise to take my ' Buggy' within) they are usually more than willing to come me and serve me outside.
The ADA act is there to make sure those companies that don't accommodate disabled people do so. Or be liable for the violations.
No disabled person should, "just not go there anymore".
@@davidmiller4594 : I agree. That being said, there needs to be some fairness in the process. The rules and regs that have been promulgated under the ADA are complex and arcane, and well beyond the knowledge and expertise of small mom & pop business owners. For that reason, the law should require complainants to notify noncompliant businesses of any perceived violations and give them a reasonable opportunity to correct them before running off to court.
@@Milesco
They do.
Civil suits are quite different and are under civil rights. Any suit filed is addressed before it moves into proceedings.
@@davidmiller4594 No, that's not true. A person can file an ADA lawsuit without any prior notice to the business. That's the problem. That's why these shysters are doing this. A "safe harbor" modification to the law like I suggested would solve that.
The management company should be charged also. Racketeering since they were the ones who received the bulk of the money, they used this guy to gain more than the person filing the lawsuit.
Government laws purporting to help certain groups enable the creation of criminal activities. Small business owners need to learn basic legal matters.
And where is the State Authority that regulates Attorneys and the Bar Association?
These people are not "technically cowards".
They ARE COWARDS, cheats, liars and con-men. I hope they get punished.
Everyone involved with this scheme should go to jail!
GREAT JOURNALISM. THANK YOU.
So the people filing the cases were not disabled. That could easily be fixed ...
Heh heh.... ;-D
Hmmmm, I do need to get a little batting practice in . . .
In this case, it was a scam. I wonder about how the law proposed would prevent this, without stopping REAL disabled folks from filing a suit.
They can still file a suit but they can't use it to scam business owners as those would be a) given ample time to respond and b) fix the issue.
That way the business owner is protected from scams AND only lawsuits that are meant to actually improve accessibility will be filed as the business owner won't feel forced to just cough up money to the plaintiff. He can just spend that money on fixing the issues filed in the lawsuit.
At least that was my understanding from watching another video on this topic.
Simply Provide some EVIDENCE . Photographic , Witness Statements/Petition , Etc .
Kind of like the Old " Rape " allegation laws . Now some material PROOF is required .
They can file a suit, but not demand money to settle, only that the business corrects the faults in its disability access arrangements. There would thus be no financial motive to do so.
@@davemould4638 ^^ THIS! ^^
The problem is we've gotten away from simple laws and have made it so convoluted that it allows for interpretation or loopholes. Gone are the days of, you can't do this or you must do that. There are too many if's and or's mixed into the simple laws that they should be.
local hooters uses the sidewalk for more seating. Park in the handicap spots on the side, the ramp is now seating forcing you to go around a large tree and walk in the road to the front ramp, that is if a car isn't parked there
I am outraged if they are using my real disability to line their pockets. Throw these shysters in jail.
The saddest part of this is that the people behind this have now restarted the scheme in another US state but have hired a few people with actual disabilities to be the front person for the applications. Thus the scheme carries on. However, it appears in some areas the local businesses are taking the matters to the authorities to find out why they weren't given time to comply.
@@Michael-of6zf only problem is the businesses would be out legal fees it would cost them. They need some kind of guaranteed financial recourse from the individuals bringing the suits
Any attorney involved with these scams. Need to be disbarred and lose their license to practice law in any state. Also jail time is needed.
Put them all in prison please !
Good comments, all ! ! !
How about an update KOAA?
My wife is in a wheelchair. Less than 5% of businesses comply with the ADA. Sanction dishonest plaintiffs and their attorneys but don't tske action which incentivizes noncompliance with the ADA.
This is still happening now with a brother who owns a small business in the South Bay in the Bay Area. It’s stressing them and thinking of closing their business.
ADA "advocates" applaud this scheme; don't let them fool ya.
I'm all for ADA parking spaces having two paraplegic relatives in wheelchairs, also pregnant women, people with small children, and of course DAV but it would be nice to have spaces for old guys with bad backs like me who don't qualify for PD tags.
Talk to your physician, depending on your circumstances you might be able to get one
@@richardmillhousenixon EGO! Could be but I'm not ready to show the world I need it yet as I walk with a walking stick more and more and use the store scooters if I have alot of shopping to do.
@@donaldjones3580 Hey, man, it's nothing to be ashamed of. I'm 20 and I've had a ADA placard since I got my license at 16. If it helps you out then it's nothing to be ashamed of.
The root of the problem here is that a person can file a frivolous lawsuit for free, and face no penalty. Yes, the courts can eventually allow the defendant to recover costs of defense, the person can eventually be deemed a vexatious litigant, but this is very seldom done. What has to be done is to require the loser of any lawsuit to pay the other party's costs.
That said, it is also true that what these miscreants did was not to find a loophole in the law, but to exploit the law in a way foreseen and intended by Congress, which wanted to make it easy for people to sue. The ADA law invites abuse and for that reason should be repealed.
Require 'loser pays' simply blocks every lawsuit against defendants with greater resources. If a judge feels that a lawsuit was filed without merit, he can always award costs; this is a solution without a problem, and a boon to deep-pocket defendants.
@@petercollins7730 The problem is exactly what this video is all about. Meritless lawsuits filed solely to extort undeserved "settlements" from defendants who cannot afford to defend themselves. Apparently you like extortion, at least when you are not on the paying end.
@@louisc.gasper7588 And that is exactly what happened in this lawsuit - the claimant was forced to pay costs. This case proves my point and utterly destroys yours - there is no need for a draconian, defendant-protection act rule when there is ample ability to, if appropriate, force the complainant to pay costs.
@@petercollins7730 In the first place, costs were ordered only after this perp had successfully extorted dozens of settlements. Secondly, you don't have much experience in American courts if you think courts other than very rarely require a losing claimant to pay the costs of defense.
@@louisc.gasper7588 In order for the court to lay costs, the defendant must reply to the suit and, on winning, request costs. The law you want would not have given costs to any of these defendants because they did not win the lawsuit. I'm sorry that you overlooked that fact.
I am familiar with how often courts assign costs. You have provided no evidence that it would be appropriate for the courts to assign costs more frequently. It is reasonable to assume, given that we consider rulings of judges to be accurate and appropriate, that defendants are not entitled to costs.
The attempt to force plaintiffs to pay costs whenever the defendant prevails is a clear and obvious attempt, by wealthy corporations and individuals, to illegally suppress legitimate lawsuits against them. You have provided no basis whatsoever to suggest that this is untrue - in the present case, the outcome you want is exactly what happened, without any law that unnecessarily chills the ability of plaintiffs to file meaningful suit.
I would love to know the final outcome of this case. Did the lawyers lose their license? Did the scumbag who started this go to jail?
america is imploding because of people like these
How come it's only republican representatives that are fighting for these business? In the thirty-three states where they are having problems with this type of litigation, only republicans have tried to bring laws to protect them.
The problem is business owners not knowing the Law ... my own printed copy of the ADA here by my desk is getting to be very well worn ... I use it and profession publications are usually really good about updates ... it's fairly easy and well documented to keep my own type of business in compliance (residential rental management) ... I don't condone these bad actors behaviors, but then again they drive out my competition which increases profit margins for me, and all I have to do is follow the Law ... easy peasy ... so easy in fact, business owners who don't know if they're in compliance with the ADA most assuredly are in serious violation ... and they know it, thus they pay the extortion ... the only thing I gave was driving directions to the local court house ... "so sue me" ...
Five pounds force to open a door? ... your door is broken ... oil the hinges ... a six-week-old kitten should be able to push a door around, don't be such a cheapskate, hire a carpenter ...
Good!! News!!!
Give jail time
It seems to me that an attorney could file a class action against the shady lawyers, plaintiffs and Litigation Management Services to recover $ for the victims.
Class action is crap. The lawyers get millions while each plaintiff gets $12.50.
Extortion & fraud. Plain & simple. The law was never meant to be used & abused this way.
Break their backs in 6 places. There they will be handicap.
Of course jail for that who represents the law firm and the plaintiffs.
Get rid of the law.
Nothing more than petty thief's.
Great judge
A professional bicyclist who's also a big fraud? Is he related to Lance Armstrong?
Zinger !!!!!!!!!!!
RICO?
It sounds like there was a bit of justice this takes away from real problems
This is the third video I seen on ADA scams and not one explained why the business had to shut down. WHO told them they had to close ???
and why "for months" on little easy fixes?
I hope they are disbarred!?
As a British disabled person with a law degree and the lead advisor at a Disabled Peoples Organisation I've found these cases disgusting and fascinating. We basically copied our original DDA, which is now incorporated into our Equality Act, from the ADA about five years after your legislation come out. I've often wondered what the remedies are under the act as these people are willing to pay out so much to avoid court. In the U.K., unless there’s injury, the first remedy is to fix the problem if it’s reasonable. Then you can get fined for not following the court's order if you don’t do as ordered. This is the first video I’ve seen that says your remedy is exactly the same.
Wha wha whaaaa!
What lawyer would take $100 for that level of risk?
Lawyers have turned ADA into a cash cow
I don't understand this. There are enough businesses out there openly floating the ADA that can be sued, why invent stuff? That's insane.
just as bad as the people that pull into the handicap parking with thier jacked up lifted pickup truck the average person needs a ladder to get into
IT'S AN INSULT TO REAL CASES THAT NO ONE FOCUSES ON...
Did Saul Goodman file any of these lawsuits?
Now get the BLM extortion racket that charge money for stores to display the sign monthly.
Sounds like extortion to me. 😑😶
This is a the fault of poorly did designed ADA law that let's a disabled person collect compensation for any code violation.
No compensation money awarded to ada. Judge order to fix violation
Will they be required to return the money?
*
Then that's basically ially fraud if someone's sues on thier own if a judge honoours it then the judge should also be held responsibility to the judgement also 5:26 5:26
“Terrell” ? Was his brother already named El-shawn?
This guy is a perfect example of most bicycle riders. Self-centered self-serving jerks
If there was actual violations, which it sounds like there were, this guy did nothing wrong.
The demand for money puts the whole scheme outside the law. So yeah, they did do something wrong.