Center for Disability Access – Law Office of Rick Morin, PC

Scott Johnson Criminal Case Update

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.

April 22, 2021/by Attorney Rick Morin

ADA

Scott Johnson Must Not be in Quarantine

The entire planet is in the midst of a life-threatening pandemic. The economy is in shambles. Courts all over California are barely functioning. Businesses are closed. Families are sheltering in their homes under orders from their government. So are you surprised to hear that Scott Johnson is still filing ADA lawsuits?

You should not be so surprised. Just yesterday Scott Johnson filed two new ADA lawsuits targeting small businesses in the Bay Area.

Aren’t the courts closed? How is Scott Johnson able to do this? Here’s a tidbit of inside lawyer information: the federal courts in California all accept filings electronically. In other words, the physical courthouse does not need to be open in order to file a new lawsuit. An attorney can file a new case at 2 am in the morning from a catamaran in the middle of the ocean. All the attorney needs is a computer and internet connection.

So even though our court system has all-but-shut-down, Scott Johnson and his attorneys are still able to launch lawsuits in the midst of the COVID-19 pandemic. You, as a member of the public, won’t be allowed to set foot inside most federal courthouses right now, but Scott Johnson’s attorneys can file new lawsuits at their leisure.

Last week there were over 30 ADA lawsuits filed by other frequent filers in the Bay Area and Sacramento. There is never a good time to be sued in federal court. But launching opportunistic lawsuits targeting small businesses seems cruel. But that’s just my opinion.

March 25, 2020/by Attorney Rick Morin

ADA

Brian Whitaker Has Filed Over 100 ADA Lawsuits So Far This Year

Well, it is May 7, 2019, and I feel like it is a great time to check in on another prolific ADA lawsuit filer named Brian Whitaker. By my count, he has filed over 100 ADA lawsuits so far in 2019. That is nearly one lawsuit for each day of the year so far.

Brian Whitaker is represented by a law firm called the Center for Disability Access. They also go by the name Potter Handy LLP. Brian and his attorneys are filing these ADA cases in the United States District Court for the Central District of California. The Central District covers Los Angeles, San Luis Obispo County, Santa Barbara County, Venture County, Orange County, San Bernardino County, and Riverside County. Basically, all of Southern California not including San Diego.

Unfortunately, there are no shortage of businesses to sue in the Central District for ADA violations. This is why I strongly recommend that business owners and landlords be proactive about ADA compliance. A simple site survey performed every year will help businesses comply with the arcane ADA rules and regulations. A good CASp inspector can be difficult to find. Many of the inspectors are booked months out due to the large volume of these ADA lawsuits. Contact my office if you need a referral to a good quality CASp inspector anywhere in California.

Remember, even small violations can result in lawsuits. Incorrect door hardware, missing parking signage, a counter a few inches too high, and faded or missing parking lot lines give people like Brian Whitaker an open door to file a lawsuit. A lot of Brian Whitaker’s lawsuits are filed over very obvious ADA violations. The classic ADA violation is the complete lack of handicap parking. While ADA inspections are not free, they certainly are less expensive than the costs associated with litigation.

The pace of these shakedown lawsuits only seems to be increasing as times goes on. Our political leaders fail and refuse to fix this broken law. The result is endless litigation clogging our federal court system. Don’t be a victim — assess your ADA compliance often to avoid these problems.

Meet Attorney Rick Morin

My name is Rick Morin and I am a tireless advocate for individuals throughout California. Along with my associate attorney Bryce, paralegal Jordann and assistance Alex, my team and I aggressively pursue litigation matters in California Courts.

Everyone in my offices loves helping employees fight back against injustice. We fully utilize California’s strong labor laws to level the playing field. We are very proud of what we are able to achieve.

My small team and I operate out of Sacramento, California just blocks away from the United States Courthouse and the Sacramento Superior Court. But we accept cases state wide, with satellite offices in San Jose in the Los Angeles area. We are always on the lookout for strong cases and clients as dedicated as we are.

I invite you to contact my office at (916) 333-2222 to discuss your ADA lawsuit.

May 7, 2019/by Attorney Rick Morin

ADA

Samuel Love Has Filed Nearly 60 ADA Lawsuits This Year

Today is April 10, 2019 and I feel like it is a great time to check in on prolific ADA lawsuit filer Samuel Love. By my count, he has filed nearly 60 ADA lawsuits so far in 2019. 57 lawsuits to be exact. Said another way, Samuel Love has filed an ADA lawsuit every other day since the start of the new year.

We used to see Samuel Love file most of his lawsuits in Southern California. But right now, he is filing these ADA cases in the United States District Court for the Northern District of California. The Northern District covers the Bay Area, including places like Palo Alto, Menlo Park, Oakland, San Francisco, Walnut Creek, Pinole, etc.

Unfortunately, there are no shortage of businesses to sue in the Northern District for ADA violations. This is why I strongly recommend that business owners and landlords be proactive about ADA compliance. A simple site survey performed every year will help businesses comply with the arcane ADA rules and regulations. A good CASp inspector can be difficult to find. Many of the inspectors are booked months out due to the large volume of these ADA lawsuits. Contact my office if you need a referral to a good quality CASp inspector.

Remember, even small violations can result in lawsuits. Incorrect door hardware, missing parking signage, a counter a few inches too high, and faded or missing parking lot lines give people like Samuel Love an open door to file a lawsuit. While ADA inspections are not free, they certainly are less expensive than the costs associated with litigation.

The pace of these shakedown lawsuits only seems to be increasing as times goes on. Our political leaders fail and refuse to fix this broken law. The result is endless litigation clogging our federal court system. Don’t be a victim — assess your ADA compliance often to avoid these problems.

I represent business owners and landlords throughout California in ADA litigation. Please call my office at 916-333-2222 to discuss an ADA lawsuit or demand letter that you have received.

April 10, 2019/by Attorney Rick Morin

ADA

Scott Johnson Filed 532 ADA Lawsuits in 2018

Happy New Year! 2019 is going to be a great year, unless you are a small business owner or property owner in Sacramento or the bay area. Why is that? Because Scott Johnson is very likely to sue you in 2019 for ADA violations. The numbers don’t lie.

Scott Johnson is a very prolific filer of ADA lawsuits

As best as I can tell, Scott Johnson filed a total of 532 ADA lawsuits in federal courts throughout California in 2018. That is about 44 cases each and every month. Scott’s first lawsuit was filed January 1, 2018 and his last batch was filed on December 28, 2018. As you can see, the man and his attorneys are very, very frequent users of our court system.

Keep in mind the United States District Court charges a $400 court filing fee for each new lawsuit. That means that Scott Johnson paid around $212,800 in court filing fees alone in 2018. I wonder how the court system feels about Scott Johnson given his largess.

Don’t be an easy target for Scott Johnson or his attorneys

Regrettably, Scott Johnson and his attorneys at the Potter Handy (aka the Center for Disability Access) have no trouble finding new businesses to sue for ADA violations. It it not uncommon for me to discuss these cases with people that have no idea that they are out of compliance until they are targeted by one of these ADA lawsuit.

Don’t be an easy victim. If you are a small business owner or a property owner, one of your 2019 resolutions should be to schedule a CASp inspection. A professional ADA site survey will help identify any accessibility problems — and a good inspector will help you find creative ways to solve these problems. Remember, only full ADA compliance will keep you out of court.

Scott Johnson isn’t the only one filing these ADA cases

Scott Johnson is easy to hold out as a perfect example of our broken disability access laws. This is because he files so many lawsuits year in and year out. However, he is not the only one doing this. An entire cottage industry of professional ADA litigants has developed and there is no end in sight.

Our political leaders in Sacramento will not take meaningful steps to stop these abusive lawsuits. I strongly recommend that people targeted by drive-by ADA filers to contact their State Assmeblyperson and State Senator. Our political leaders need to hear from real people just how troubling ADA lawsuit abuse really is.

Have you been targeted by Scott Johnson, the Center For Disability Access, Potter Handy, or others? Please contact my office at (916) 333-2222 to discuss your options.

January 8, 2019/by Attorney Rick Morin

ADA

Scott Johnson Has Filed 136 Lawsuits So Far This Year

We are just over halfway through 2016. ADA lawsuits continue to be a massive problem for small business owners in California. I decided to take a look at how many ADA lawsuits Scott Johnson has filed so far this year. The number may surprise you.

Scott Johnson Sues All Over Northern California

Many people that Scott Johnson files numerous lawsuits in the Sacramento area. But recently Scott Johnson has been branching out.

From Manteca, Stockton, Modesto, and now even the Bay Area, Scott Johnson is getting around. Business owners in the Sacramento are are generally familiar with Scott Johnson and his modus operandi. But folks in the San Joaquin Valley and Bay Area are now just starting to get a taste of serial ADA litigation.

So Far This Year, Scott Johnson Has Filed 136 ADA Lawsuits

Looking at both the Eastern District of California and the Northern District of California, I can find 136 Scott Johnson ADA lawsuits. On average, that’s around 20 lawsuits each month.

Keep in mind that there are often multiple defendants in each of these ADA lawsuits. Scott Johnson will sue the business owner as well as the landlord. I can estimate that over 300 defendants have been sued by Scott Johnson over frivolous ADA claims this year so far.

Don’t Fall Victim

Business owners in California must be proactive about ADA compliance. Inspect your property along with a CASp inspector to ensure that your property meets the applicable standards. Complying fully with the ADA is the only realistic way to avoid ADA litigation. I can refer you to a qualified CASp ADA inspector if you cannot find one that fits your needs.

I represent business owners and landowners all over Northern California in ADA lawsuits. Please call my office at (916) 333-2222 to discuss your options if you are facing an ADA lawsuit.

August 1, 2016/by Attorney Rick Morin

ADA

Scott Johnson Filed 7 ADA Lawsuits in November 2015

How many people did you sue in November of this year? The answer is more than likely “zero.” However, prolific ADA plaintiff / attorney Scott Johnson has filed seven lawsuits just in this month alone.

These seven lawsuits were all filed in the United States District Court for the Eastern District of California. That is the federal court that covers the Sacramento area along with the central valley and other parts of Northern California.

As an ADA attorney in Sacramento, I watch the federal court docket quite closely for new ADA cases. My law firm likes to know who is doing what in the Sacramento courts, especially as it relates to ADA lawsuits.

Our data shows that most of these ADA lawsuits quickly settle. We can find one Scott Johnson case in the last three years that actually went to trial before a judge. Unfortunately the defendant in that case lost. The parties are now fighting over the amount of attorney’s fees that the defendant is required to pay the plaintiff’s lawyers — a decision is expected in January of 2016.

ADA litigation continues to be a problem for small business owners throughout the Sacramento area. I continue to advise all business and property owners to have their facilities inspected by a Certified Access Specialist (CASp) to determine what improvements, if any, are needed. A modest amount of money invested in prevention can save you a substantial amount when you compare with the costs of litigation.

Are you being sued for ADA access issues in Northern California? Please call my office at (916) 333-2222 to discuss your options. Don’t settle until you have talked to an attorney!

November 30, 2015/by Attorney Rick Morin

ADA

Scott Johnson Has Filed Over 60 Lawsuits in Sacramento This Year

Scott Johnson, notorious abuser of the Americans with Disabilities Act, has filed over 60 lawsuits in Sacramento federal court so far this year.

While Scott Johnson is not the only person filing ADA lawsuits in California, he is certainly the most well-known in the Sacramento area. Having filed literally thousands of lawsuits over the years, he keeps the federal court system clogged with his copy-and-past complaints.

Although 60 lawsuits from January to August may sound like a lot, I get the sense that Scott Johnson has slowed down his filings over the summer. Nearly all of the 60 lawsuits were filed from January to March. Maybe Scott went on vacation or had a change of heart?

Not likely. Scott Johnson filed a small handful of lawsuits in June and July. So he clearly hasn’t seen religion and gave up his ways.

As I have written about extensively in the past, these ADA lawsuits can be ruinous for business owners in Sacramento. Attorney’s fees, expert inspection costs, and the ultimately extortion/settlement payments can add up quickly.

Some of my clients decide to fight back, while others make the business decision to just pay a settlement and move on. There is no right answer in terms of what to do after being served with lawsuit papers.

The most important thing to do is avoid being sued in the first place. There is no reason to be caught off-guard these days. I strongly recommend that you hire a CASp inspector to find out what, if anything, is wrong with your property so that you can make the appropriate repairs.

Don’t be a victim to these greedy ADA lawyers. Call me if you have any questions about what to do before or after an ADA lawsuit. My number is (916) 333-2222.

August 1, 2015/by Attorney Rick Morin

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