Most people know by now that serial ADA lawsuit filer Scott Johnson was indicted by the United States Department of Justice for filing false tax returns back in May of 2019. The criminal case has wound its way through the federal court system for the last two years without any major action. As of today, the case has not gone to court for trial nor has Scott Johnson entered a plea.
Scott Johnson’s criminal trial was previously scheduled to occur in August of 2021. However, Scott Johnson and the prosecutors jointly agreed to push out the trial date to April of 2022. By the time the trial is heard, the indictment will be nearly three years old.
Can Scott Johnson Still File Civil ADA Lawsuits?
Many of my clients ask me whether the federal tax fraud indictment prohibits Scott Johnson from filing additional lawsuits. The answer is no. Despite what people think about Scott Johnson’s activities, everyone in America is innocent until proven guilty. The mere existence of a criminal indictment alone is not enough to prohibit a person from accessing the court system. In fact, by my count, Scott Johnson has filed over 300 ADA lawsuits so far this year.
Believe it or not, even if Scott Johnson is found guilty of the crimes the government alleges, he could still continue to sue small businesses for ADA violations. If convicted, the credibility of his testimony in court could be called into question because the nature of his alleged tax crimes. But again, he could still continue to file lawsuits.
Don’t Forget, Scott Johnson is not the only Person that Files ADA Lawsuits
It is easy to focus on Scott Johnson in the ADA context because of the very large amount of lawsuits he files each year. But I always remind my clients that Scott Johnson is not the only serial filer of ADA lawsuits. There are numerous individuals, some more prolific than others, that file ADA lawsuits against business owners and property owners all over California. Focusing too much on one person ignores the reality of these cases: a business or property owner is a sitting duck for lawsuits if they are not fully complying with the ADA.
As always, I strongly recommend that my clients keep up with the ADA by regularly engaging with a CASp inspector. These inspectors are certified by the State of California to assess businesses and properties for ADA compliance. Making ADA upgrades where necessary, and maintaining consistent ADA business practices, are the best ways to avoid being targeted by an opportunistic lawsuit filer such as Scott Johnson.
