Tom Frankovich’s image needs a shot in the arm.
A recent profile in the SF Weekly newspaper gave voice to Frankovich’s critics who say the San Francisco attorney has used disability access suits to squeeze small business and property owners for cash. An illustration for the story, called “Wheelchairs of Fortune,” showed a handicap access sign etched in bling.
Though Frankovich isn’t one to apologize for his aggressive litigation stance, he wants more credit for being altruistic. And he’s ready to put his money where his mouth is.
Starting this month, Frankovich and a major client are offering defendants a deal: “You make your [entrance] doorway accessible, and we will waive any and all claims — including money damages,” he said.
Under California’s Unruh Civil Rights Act, plaintiffs can collect $4,000 for every disability access violation they uncover. Because Disability Rights Enforcement Education Services (DREES) and other Frankovich clients typically find multiple violations, most settlements, according to SF Weekly, range from $20,000 to $35,000.
Now, for business owners who agree to fix the front door, Frankovich said he won’t even ask for attorneys fees.
If they take this [offer] to their lawyers and read it, they ought to say, ‘Here’s a good deal,’” he said.
There’s one caveat, though. Not all business owners qualify for the get-out-of-court-free card.
Frankovich said his clients who are affiliated with DREES will offer the front door deal if they are visiting only to check out the entrance. But if they spot a door that wheelchair users can’t open, then they go inside to shop and notice more problems, “that becomes something different,” Frankovich said, and the deal is off.
— Matthew Hirsch
People might criticize this lawyer, but they should remember the real damages done to disabled persons when they encounter obstructions in businesses. These obstruction must be removed, there is no public agency doing anything, so it's all up to private lawsuits. Of course the lawsuits will never be brought unless there is money to be made in the process. Is that wrong?
Posted by: lbs | June 16, 2008 at 03:03 PM