As we lawyers like to say, it's complicated. And I get a feeling that there is much more to this story than an ADA complaint.
I've owned a small restaurant that had to comply with ADA, and I've represented clients who have had complaints made against them and then been sued by Scott Johnson. Here's the deal. ADA has been around for decades now. There are lots of sections and regs that specify the ameliorative steps that must be taken by businesses open to the public. They've been known for many many years. On the whole, I think, the regs are basically fair in that they attempt to change, over the long run, the hurdles and hazards and barriers that disabled people have had to contend with forever. Many businesses don't comply, for many reasons, including cost, but there really isn't an enforcement mechanism to make sure they do because the state and feds don't allocate sufficient staff and resources to monitor everyone or take action against non-compliers. That's why the ADA and related statutes provide incentives to private attorneys who handle such cases on behalf of disabled people. The incentive is statutory fees to the prevailing party, which is enough to get many lawyers, including Johnson, to do this work. Johnson, by all accounts, is a creep, but he's an equal opportunity creep. Big and small, mom and pop and corporate giants, he ferrets out non-compliance, ID's the specifics, and then basically gives the company a deadline to comply with the laws. In the complaints I've seen, he doesn't make shit up...all the specifics have been factually accurate. And the laws are clear cut: strict liability for violations. But it doesn't have to be a death knell for a business. The way to handle his action is to promptly verify what really has to be done, and then to make an agreement to take steps to improve whatever gets left in via negotiation over a reasonable amount of time...and pay him a smallish fee (under $7500 the last time I encountered him). Then, you have to avail yourself of the resources that are available via loans and gov't compliance support programs, and do it. Yes, its a hassle, but it is part of the cost of doing business.
All that said, I really do hope the Jointed Cue emerges better and stronger than ever. I've only played there a few times, back when I played a little 9 ball, but not since the mid 90s. I do remember that cheeseburger...but honestly I always liked the one at Hard Times better.
