Plaintiff Lee Dozier Targets Modesto For ADA Lawsuits
By Catherine M. Corfee, Esq.
An 80-year-old man who elects to use a ride along scooter is targeting many businesses in Modesto, California by filing federal lawsuits for alleged violations of the Americans with Disabilities Act (“ADA”). He is apparently a newbie having just filed about 15 ADA access lawsuits against small business on Prescott Ave., Staniford, McHenry Ave., and other Modesto locations. Curiously, his ADA complaints allege that construction work “can” cause a disability over time, not that he has said disability. He alleges that repetitive strain “can” lead to pain and stiffness, not that it does. He uses the word “can.” Then he alleges he is mobility impaired, in a conclusory fashion. Many of Dozier’s ADA lawsuits have settled and been dismissed, sometimes within less than 3 months. The Federal District Courts approve the settlements without inquiring into whether Dozier is really disabled and whether he was truly barred from accessing the business.
If Dozier can ride a scooter, it is presumed that Dozier can stand to wash his hands in the restroom or pay for a transaction, yet he sues over the counter being over 34” high. He implies he cannot engage in the same transaction as an able-bodied person. When Defendants decide to settle, to reduce their litigation expenses, no-one seems to double-check Dozier’s allegations and whether Dozier was truly barred from access. In one case, Dozier alleged he was prevented from accessing the business by coming from the public sidewalk because of a cross-slope problem and in the same vein, he complained about not being able to park his vehicle because of the faded cross-hatched markings. Which is it? Did he arrive by his scooter from the public right of way or by his vehicle?
Even when the Defendants settles, the Courts are not paying attention to these seemingly inconsistent barrier allegations. The Courts are rubber stamping the settlement, which must be court approved. Dozier is opening the door to ADA lawsuits by allowing nearly anyone with a bad back to sue who elects to use a scooter. A truly disabled person may select his or her mobility device under the ADA. Dozier, however, raises questions about his disability by the way he pleads his complaints. ADA lawsuits are being filed non-stop. Dozier and his attorney, Rick Morin, are profiting from those small businesses who cannot afford to have their day in court because of the massive legal expense. If a business does not settle or pay Dozier and his attorney Rick Morin their high ransom, they begin to litigate which costs the defendants more money. If only we could urge the Federal Courts to take a harder look at Dozier’s complaints when settling to ensure he has met his burden of proof. Mere conclusions in a complaint fails to meet the pleading standards required in federal complaints. A Defendant can raise that issue but must pay too much so they end up settling. Dozier and his attorney Rick Morin mostly target small businesses who lack the resources to defend themselves.
Our Law firm defends businesses and provides preventative advice to potentially avoid such a lawsuit. We have found that it is much less expensive to make ADA improvements before being sued for violation of the ADA. For advice and/or more information, please contact Ms. Catherine M. Corfee, Esq. at 916-487-5441.
This article/blog by Corfee Stone Law Corp. is not intended to impliedly or expressly provide legal advice. Please seek advice of legal counsel.