Law Office of Rick Morin, PC

ADA lawsuit abuse is a very big problem in California. As it turns out, there are a handful of professional ADA plaintiffs that file a majority of the lawsuits here. One common name that you see a lot is Jose Velez.

Unlike other common ADA plaintiffs, Jose Velez represents himself. In other words, Jose Velez does not hire an attorney to file his cases. Filing a lawsuit without an attorney is acceptable in almost all courts in California.

Jose Velez alleges that he is disabled. Specifically, Jose Velez claims that he is morbidly obese. He claims that his obesity creates mobility-related limitations.

Most ADA lawsuits are filed against a single business owner and their landlord. This is because the law generally imposes obligations on both the landowner as well as the business owner to comply with ADA rules and regulations. However, Jose Velez often targets 3-4 businesses that are in no way connected with each other in a single lawsuit. In some cases that I have handled, the businesses aren’t even in the same city or town!

Another unusual tactic that Jose Velez uses is that he often sends pre-lawsuit letters to his victims. Most other professional ADA plaintiffs do not send warning letters – they just go straight to court. As far as I can tell, sending a response to Jose Velez’s letters does have an impact on whether a person is sued or not.

As in all ADA lawsuits, I advise that a strong offense is the best defense. In other words, it is always best to avoid being sued in the first place. I strongly recommend that all business owners get regular CASp inspections to ensure that they are up-to-date with ADA compliance. Even small issues can snowball into lawsuits.

If you have been the target of a Jose Velez demand letter or lawsuit, please call my office at 916-333-2222. I represent business owners and landowners all over California who are facing ADA lawsuits.