CRIME A family-run burger joint in Richmond, California, closed on Thursday after 38 years of business, citing a lawsuit over a lack of wheelchair access.

[Coulter]

A family-run business shut down after 38 years following a disability access lawsuit.

• The owners say they proposed adding a wheelchair ramp, but that the landlord said it was too expensive.
• Noncompliance with the ADA can result in a fine of up to $75,000 for a first-time offense.

A family-run burger joint in Richmond, California, closed on Thursday after 38 years of business, citing a lawsuit over a lack of wheelchair access as a contributing factor.


In their closure announcement, the owners mentioned a recent lawsuit as having "taken a toll" on the burger joint.

They also mentioned the challenges of COVID-19 and inflation.

The lawsuit, filed in the Northern District of California in January this year, was brought by a paraplegic plaintiff who accused the restaurant owners and landlord of discriminating against him by not complying with the Americans with Disabilities Act.

The ADA is a federal law that prohibits discrimination against people with disabilities, meaning businesses need to make their premises accessible for wheelchair users.

Noncompliance with the ADA can result in fines of up to $75,000 for a first-time offense, and legal bills that can reach into the thousands.

George Koliavas, one of the owners of the Great American Hamburger & Pie Co., told SFGATE that he and his wife had proposed adding a wheelchair ramp by the entrance to the decades-old restaurant to address the accessibility issue.

But he said their landlord rejected the solution, saying it would cost too much.

In the lawsuit, the plaintiff said a "high threshold" stopped him from entering the restaurant in October 2023.

He said he felt like an "outcast" because he could not eat his hamburger inside the restaurant "like able-bodied persons."

The lawsuit also said that when he returned in December, he encountered the same inaccessible entrance, which prevented him from entering again.

The lawsuit and accompanying legal fees proved a challenge too big to surpass for the owners, who decided to shutter the business.

"It's frustrating, and you get to a point where you say, 'You know what, forget it,'" Koliavas told SFGATE.

Expressing his frustration, Koliavas told SFGATE: "It seems like the chain reaction is that the landlord doesn't want to do anything, and it comes down on the small businesses."


I REALLY hope he feels like an outcast now.

I know I'm probably in the minority here but I'm sick of people like him.


The headline said -

Beloved San Francisco burger joint will close after 40 years after wheelchair user sued over obstacles that stopped him entering, with owners saying they're too poor to build a ramp.​

I doubt they said they were too poor.​

 

[Elza]

I didn't think that people were allowed to change or modify property that they don't own. Seems like that is up to the landlord. Yes? No? If I'm correct then why is the proprietor being sued?

 

[buttie]

The local superette and hardware store in our little town closed years ago due to these same kind of lawsuits.

 

[Echo 5]

It's probably the same piece of shit that sues restaurants throughout California on bogus ADA claims. He hit the Chinese restaurant next to the kung fu school I trained at.

If it is the same guy, he is a pedophile.

 

[Knighttemplar]

We closed because of this guy and a big picture of him on the front of the place.

 

[Elza]

I just looked the place up. It's not in SF or Richmond. It's in Point Richmond. We used to live in Point Richmond (before we escaped from Kalifornia) and have eaten at that restaurant. A great little burger joint it was, too.

I notice the name of the asshole doing the suing isn't mentioned. Considering the demographics of that part of the world I suspect GTR but I have no proof.

 

[West]

I didn't think that people were allowed to change or modify property that they don't own. Seems like that is up to the landlord. Yes? No? If I'm correct then why is the proprietor being sued?

Because he's a cheap evil capitalist that is a racist against cripple people.

Just musing...

 

[Firebird]

Now the dude can't eat there at all

 

[packyderms_wife]

I didn't think that people were allowed to change or modify property that they don't own. Seems like that is up to the landlord. Yes? No? If I'm correct then why is the proprietor being sued?

In the state of Iowa you would be correct on all counts. Having been a retail renter and also having owned rental property this information is in the lease. In order to make changes the renter must enter into a separate lease contract stating the changes, showing sketches of changes that will be made, and cost of materials & time estimates for completion from contractors. I'm not sure how it works in other states... as in this is California so who knows.

I understand the guys frustration there is a very nice, from what I'm told, african food place here in town, but it's multiple sets of steps to get into the place, steps that are too steep for me to navigate right now.

 

[Profit of Doom]

Squeeze Inn, Elk Grove or Sacramento had this happen a few years ago. There were others. A new Squeeze Inn has opened in Modesto several years ago. Should try it.

 

[gunnersmom]

What a shame. Our house has a couple steps onto the front porch and I wish every day that we had a ramp. I actually bought some decorative pavers and placed two of them on 2 steps. Both on the right, I put a foot up on one, pull myself up with the help of a very very heavy bench. Put my left foot even to the right one and step up to the next. It's not hard to do and it sure beats killing yourself. But I still would rather have a ramp. I know that deep down, hubby thinks a ramp will ruin the look of the house. It's a shame that that is the most important thing. (IMHO). (Oh and I got down the steps backward with the same routine. I just cannot bend my left leg, it must be kept stiff and straight.)

 

[zeker]

I have 4 steps at my place.

having probs, I installed a ramp

the ramp is more brutal than the steps

 

[packyderms_wife]

What a shame. Our house has a couple steps onto the front porch and I wish every day that we had a ramp. I actually bought some decorative pavers and placed two of them on 2 steps. Both on the right, I put a foot up on one, pull myself up with the help of a very very heavy bench. Put my left foot even to the right one and step up to the next. It's not hard to do and it sure beats killing yourself. But I still would rather have a ramp. I know that deep down, hubby thinks a ramp will ruin the look of the house. It's a shame that that is the most important thing. (IMHO). (Oh and I got down the steps backward with the same routine. I just cannot bend my left leg, it must be kept stiff and straight.)

They have those removable aluminum non slip ramps, look into one of those.

 

[gunnersmom]

Hubby wouldn't approve, I'm afraid. The pavers aren't "seeable" from the street. And please don't say anything mean about hubby. He is a very sweet and kind person, just very weird about how our home should look to onlookers. (I don't get it, but never worried about what the "Jones's" thought). Or it may just be that he doesn't want anyone to know that I have mobility issues. That just occurred to me. But thanks for the recommendation!

 

[Macgyver]

I didn't think that people were allowed to change or modify property that they don't own. Seems like that is up to the landlord. Yes? No? If I'm correct then why is the proprietor being sued?

Probably one of these tile crawling lawyers that tries and find these places just to get them to settle.

The building only needs to meet the code from 38 years ago. There are only a few exceptions to that and they are mostly in the fire code.

 

[adgal]

From Reddit - his name is scott johnson, and he is responsible for the closure MANY small businesses - over ridiculous demands.

 

[Siskiyoumom]

Building a wheelchair ramp for a business in California entails getting an engineered blueprint, certified construction contractor, insurance rider, permits from the county, state and local municipality, have handicapped parking and handicap accessible restrooms and handicap entry and emergency exits.

Cost per foot ranches from $50 to $2,000 per foot construction cost. Permits, building plans, restroom changes and dedicated parking costs can be an additional expense ranging $12,000 to a high of $80,000 per a construction industry article.

The scum lawyer who filed the lawsuit on behalf of the person in the wheel chair is most likely the same fella who sued ten businesses in Humboldt county, California. All were small businesses in the food services sector. That jerk is now a multi millionaire from all the folks sued.

Private home owners attempting to place handicapped ramps also face permitting issues and costs for both temporary and permanent ramps. And poor you if you live on a historic district, environmentally sensitive coast zone or home owners association.

 

[Elza]

Probably one of these tile crawling lawyers that tries and find these places just to get them to settle.

From Reddit - his name is scott johnson, and he is responsible for the closure MANY small businesses - over ridiculous demands.

Just found this article:

Sacramento Attorney and Filer of ADA Lawsuits Sentenced for Filing False Tax Return

SACRAMENTO, Calif. — Scott Norris Johnson, a Sacramento attorney and filer of thousands of disability discrimination lawsuits, was sentenced today to 18 months home detention as part of a 30-month term of probation, and ordered to pay $250,000 in restitution and a $50,000 fine, for filing a false tax return on which he underreported the income he earned from many of those lawsuits, U.S. Attorney Phillip A. Talbert and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division announced.

The sentence included the terms that while on probation Johnson may not reapply for reinstatement to the California Bar, and that during the period of home detention he may not leave home for the purpose of seeking violations of the ADA or Unruh Act in order to file suits in federal or state courts.

According to court documents and statements made in court, Johnson, 61, of Carmichael, owned and operated Disabled Access Prevents Injury Inc. (DAPI), a legal services corporation. First using DAPI, and later using a law firm, Johnson filed thousands of lawsuits in the Eastern District of California and elsewhere under the Americans with Disabilities Act of 1990 and related California statutes, naming himself as the plaintiff.

Under the Small Business Job Protection Act of 1996, payments related to lawsuit settlements or awards are taxable unless paid on account of personal physical injury or physical sickness. Johnson, who worked as an attorney at the IRS earlier in his career, was required to report the taxable portion of the lawsuit settlements and awards he received. He nonetheless intentionally underreported this income on his 2012, 2013, and 2014 tax returns. By understating the lawsuit settlements and awards, Johnson and DAPI paid little to no income tax for tax years 2012, 2013 and 2014. Johnson caused a loss to the IRS of more than $250,000.

This case was the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Katherine T. Lydon and Assistant Chief Matthew J. Kluge of the Tax Division prosecuted the case.

 

[packyderms_wife]

From Reddit - his name is scott johnson, and he is responsible for the closure MANY small businesses - over ridiculous demands.

Well what wa worthless POS

 

[West]

Well what wa worthless POS

Sure he donated to Biden and other POS lawyers who hold public offices. He'll get away with it mostly.

 

[BornFree]

The moment people with disabilities pull this crap then I lose all sympathy for that particular person. A Business is shut down and now people are out of work. Usually these people can get inside if they are willing to accept a bit of assistance. But they insist on being able to do it all by themselves. So they screw it up for the other 99.9 percent. Something like this happened close by. There was a doorway that the bottom was just up maybe an inch from parking lot level so that water would not run in. Some busybody complained and caused a ton of trouble.

 

[Tristan]

A family-run business shut down after 38 years following a disability access lawsuit.

• The owners say they proposed adding a wheelchair ramp, but that the landlord said it was too expensive.
• Noncompliance with the ADA can result in a fine of up to $75,000 for a first-time offense.

A family-run burger joint in Richmond, California, closed on Thursday after 38 years of business, citing a lawsuit over a lack of wheelchair access as a contributing factor.


In their closure announcement, the owners mentioned a recent lawsuit as having "taken a toll" on the burger joint.

They also mentioned the challenges of COVID-19 and inflation.

The lawsuit, filed in the Northern District of California in January this year, was brought by a paraplegic plaintiff who accused the restaurant owners and landlord of discriminating against him by not complying with the Americans with Disabilities Act.

The ADA is a federal law that prohibits discrimination against people with disabilities, meaning businesses need to make their premises accessible for wheelchair users.

Noncompliance with the ADA can result in fines of up to $75,000 for a first-time offense, and legal bills that can reach into the thousands.

George Koliavas, one of the owners of the Great American Hamburger & Pie Co., told SFGATE that he and his wife had proposed adding a wheelchair ramp by the entrance to the decades-old restaurant to address the accessibility issue.

But he said their landlord rejected the solution, saying it would cost too much.

In the lawsuit, the plaintiff said a "high threshold" stopped him from entering the restaurant in October 2023.

He said he felt like an "outcast" because he could not eat his hamburger inside the restaurant "like able-bodied persons."

The lawsuit also said that when he returned in December, he encountered the same inaccessible entrance, which prevented him from entering again.

The lawsuit and accompanying legal fees proved a challenge too big to surpass for the owners, who decided to shutter the business.

"It's frustrating, and you get to a point where you say, 'You know what, forget it,'" Koliavas told SFGATE.

Expressing his frustration, Koliavas told SFGATE: "It seems like the chain reaction is that the landlord doesn't want to do anything, and it comes down on the small businesses."


I REALLY hope he feels like an outcast now.

I know I'm probably in the minority here but I'm sick of people like him.


The headline said -

Beloved San Francisco burger joint will close after 40 years after wheelchair user sued over obstacles that stopped him entering, with owners saying they're too poor to build a ramp.​

I doubt they said they were too poor.​

There was a Lawyer in Florida years ago that used to specialize in driving to different towns and cities, hunting around for those that had not yet complied with the requirements of the ADA, and then bringing suit against them.

He wasn't even disabled himself, and as it happens drove a new Mercedes.

Closed down several small businesses local to me at the time, iirc.

 

[northern watch]

A family-run business shut down after 38 years following a disability access lawsuit.

• The owners say they proposed adding a wheelchair ramp, but that the landlord said it was too expensive.
• Noncompliance with the ADA can result in a fine of up to $75,000 for a first-time offense.

A family-run burger joint in Richmond, California, closed on Thursday after 38 years of business, citing a lawsuit over a lack of wheelchair access as a contributing factor.


In their closure announcement, the owners mentioned a recent lawsuit as having "taken a toll" on the burger joint.

They also mentioned the challenges of COVID-19 and inflation.

The lawsuit, filed in the Northern District of California in January this year, was brought by a paraplegic plaintiff who accused the restaurant owners and landlord of discriminating against him by not complying with the Americans with Disabilities Act.

The ADA is a federal law that prohibits discrimination against people with disabilities, meaning businesses need to make their premises accessible for wheelchair users.

Noncompliance with the ADA can result in fines of up to $75,000 for a first-time offense, and legal bills that can reach into the thousands.

George Koliavas, one of the owners of the Great American Hamburger & Pie Co., told SFGATE that he and his wife had proposed adding a wheelchair ramp by the entrance to the decades-old restaurant to address the accessibility issue.

But he said their landlord rejected the solution, saying it would cost too much.

In the lawsuit, the plaintiff said a "high threshold" stopped him from entering the restaurant in October 2023.

He said he felt like an "outcast" because he could not eat his hamburger inside the restaurant "like able-bodied persons."

The lawsuit also said that when he returned in December, he encountered the same inaccessible entrance, which prevented him from entering again.

The lawsuit and accompanying legal fees proved a challenge too big to surpass for the owners, who decided to shutter the business.

"It's frustrating, and you get to a point where you say, 'You know what, forget it,'" Koliavas told SFGATE.

Expressing his frustration, Koliavas told SFGATE: "It seems like the chain reaction is that the landlord doesn't want to do anything, and it comes down on the small businesses."


I REALLY hope he feels like an outcast now.

I know I'm probably in the minority here but I'm sick of people like him.


The headline said -

Beloved San Francisco burger joint will close after 40 years after wheelchair user sued over obstacles that stopped him entering, with owners saying they're too poor to build a ramp.​

I doubt they said they were too poor.​

He said he felt like an "outcast" because he could not eat his hamburger inside the restaurant "like able-bodied persons." Now no one can eat their burger!

 

[Zardoz]

75% of Lawyers give the rest a Bad Name...

 

[bev]

I’ve got mixed feelings. If this guy is truly disabled, I see no problem with him filing lawsuits against places that don’t comply with the ADA. Going out of his way to find such places though is horrible.

When DH and I visited NYC to see our DS and DIL in … 2008 or so, we ran into this problem multiple times. I had rented a mobility scooter so that I’d be able to keep up with them, and they probably walked at least 10 miles a day seeing the sights and doing touristy stuff. A few examples:

The first problem we encountered was the subway system. There were no elevators at several stations we needed to use, so DH and DS took the scooter apart, and carried the parts down the stairs to the train, and back up again wherever there was no elevator. Those parts were heavy.

Many of the sidewalks at intersections do not have cut-outs which allow scooters to easily cross the street.

Many restaurants were inaccessible to us because their entrances were several steps up (or down) from the sidewalk. At one restaurant, DH carried the whole thing up the steps, only to find it would have to be stored in the back while we ate. In the front.

There were a few perks to having a scooter. When we went to the Empire State Building there was a very long line to get in. Thankfully, a guard of some type saw me on my scooter and motioned all 4 of us to the front of the line! Same thing happened at the 911 Memorial (still under construction).

We had a great trip, despite the scooter issues. They really opened my eyes to the problems many disabled people confront on a daily basis.

 

[Griz3752]

I have 4 steps at my place.

having probs, I installed a ramp

the ramp is more brutal than the steps

No doubt - rise over run will be steep as hell unless you go out quite a distance from the vertical - 18-20 feet?

 

[CaryC]

Now the dude can't eat there at all

Not only that, but it fixed the problem, of lack of access.

I understand that people with physical problems need help to access ......stores etc. And there is a federal Act in place to do that.

But suing the business out of business shows they don't understand the problems businesses have either.

And since my sympathy meter doesn't work anymore. People who do this, needs to be counter sued. Over something.

 

[Satanta]

Not only that, but it fixed the problem, of lack of access.

I understand that people with physical problems need help to access ......stores etc. And there is a federal Act in place to do that.

But suing the business out of business shows they don't understand the problems businesses have either.

And since my sympathy meter doesn't work anymore. People who do this, needs to be counter sued. Over something.

He's not suing because it does not meet the ADA, he is suing using the ADA. Does not give a crap about eating there or not, he likely never tried to go inside-just fpund it did not meet the Req's and BINGO! ]Lawsuit time!
I was president of the disabled student awaremess union in college-we dod yearly events where people could spend a day in a wheelchair or be blindfolded and led around, stuff like that. Different disability organizations came out-for the Blind, Whgeelchair bound and so forth.
If there were issues needing adressing filing a lawsuit was not our first option i mind.
I noticed it says he triend twice but I did not see where it days he contacted the business owner or the property owner.
Depending on the property and how it is set up there are alternative means for someone in a wheelchair to access the place to eat-outside pation for example. A small ramp along the side of the building with a platform is not expensive to either vuild or in materials. Sounds like the guy and the property owner are dicks and the business owner is caught in the middle.

 

[AlanSDMachinist]

A family-run business shut down after 38 years following a disability access lawsuit.

• The owners say they proposed adding a wheelchair ramp, but that the landlord said it was too expensive.
• Noncompliance with the ADA can result in a fine of up to $75,000 for a first-time offense.

A family-run burger joint in Richmond, California, closed on Thursday after 38 years of business, citing a lawsuit over a lack of wheelchair access as a contributing factor.


In their closure announcement, the owners mentioned a recent lawsuit as having "taken a toll" on the burger joint.

They also mentioned the challenges of COVID-19 and inflation.

The lawsuit, filed in the Northern District of California in January this year, was brought by a paraplegic plaintiff who accused the restaurant owners and landlord of discriminating against him by not complying with the Americans with Disabilities Act.

The ADA is a federal law that prohibits discrimination against people with disabilities, meaning businesses need to make their premises accessible for wheelchair users.

Noncompliance with the ADA can result in fines of up to $75,000 for a first-time offense, and legal bills that can reach into the thousands.

George Koliavas, one of the owners of the Great American Hamburger & Pie Co., told SFGATE that he and his wife had proposed adding a wheelchair ramp by the entrance to the decades-old restaurant to address the accessibility issue.

But he said their landlord rejected the solution, saying it would cost too much.

In the lawsuit, the plaintiff said a "high threshold" stopped him from entering the restaurant in October 2023.

He said he felt like an "outcast" because he could not eat his hamburger inside the restaurant "like able-bodied persons."

The lawsuit also said that when he returned in December, he encountered the same inaccessible entrance, which prevented him from entering again.

The lawsuit and accompanying legal fees proved a challenge too big to surpass for the owners, who decided to shutter the business.

"It's frustrating, and you get to a point where you say, 'You know what, forget it,'" Koliavas told SFGATE.

Expressing his frustration, Koliavas told SFGATE: "It seems like the chain reaction is that the landlord doesn't want to do anything, and it comes down on the small businesses."


I REALLY hope he feels like an outcast now.

I know I'm probably in the minority here but I'm sick of people like him.


The headline said -

Beloved San Francisco burger joint will close after 40 years after wheelchair user sued over obstacles that stopped him entering, with owners saying they're too poor to build a ramp.​

I doubt they said they were too poor.​

Have you ever noticed that lawsuits discriminate against small businesses? I seems that big business always survives the lawsuits and small businesses very often get ruined. The rich have more ways to ruin the little guy all the time!!!!

 

[CaryC]

He's not suing because it does not meet the ADA, he is suing using the ADA. Does not give a crap about eating there or not, he likely never tried to go inside-just fpund it did not meet the Req's and BINGO! ]Lawsuit time!
I was president of the disabled student awaremess union in college-we dod yearly events where people could spend a day in a wheelchair or be blindfolded and led around, stuff like that. Different disability organizations came out-for the Blind, Whgeelchair bound and so forth.
If there were issues needing adressing filing a lawsuit was not our first option i mind.
I noticed it says he triend twice but I did not see where it days he contacted the business owner or the property owner.
Depending on the property and how it is set up there are alternative means for someone in a wheelchair to access the place to eat-outside pation for example. A small ramp along the side of the building with a platform is not expensive to either vuild or in materials. Sounds like the guy and the property owner are dicks and the business owner is caught in the middle.

Yeah that was sort of my point.

 

[subnet]

It's probably the same piece of shit that sues restaurants throughout California on bogus ADA claims. He hit the Chinese restaurant next to the kung fu school I trained at.

If it is the same guy, he is a pedophile.

Prob..dude has been doing it for years if not decades now.

 

[subnet]

Squeeze Inn, Elk Grove or Sacramento had this happen a few years ago. There were others. A new Squeeze Inn has opened in Modesto several years ago. Should try it.

Yup, great burgers and always had a line during lunch, looked old and greasy inside lol