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Disabled out-of-towner crippling local businesses


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By Kathryn Reed

“It is nothing more than a guy going through town and making money.”

Those are the words of David Kelly, president of the Tahoe Area Coordinating Council for the Disabled (TACCD). He is the face and voice of the disabled on the South Shore. And he is not happy with what a paraplegic from Carmichael is doing to businesses in Lake Tahoe.

Scott Johnson is a 48-year-old attorney. He drives around in a white van. Sometimes a passenger accompanies him. Sometimes he films places. He takes notes of cars without proper stickers parked in handicapped spaces and he looks if ramps exist at businesses. He is extremely adept at sending out form letters.

Re/Max Realty in South Lake Tahoe has been targeted by a disabled attorney.

Re/Max Realty in South Lake Tahoe has been targeted by a disabled attorney.

Letters are addressed to the “landlord/business operator” and state they have 90 days to voluntarily bring the property to code or 60 days to provide Johnson with a disabled access compliance report and a post-construction review within six months.

It appears to be Johnson’s mission to take cash from small businesses all over Northern California because he was forced to a wheelchair after being struck by a drunken driver several years ago. Web searches show preponderance for this type of behavior. South Lake Tahoe is his latest cash cow.

When local disabled groups are against him, the motive seems more sinister than sincere.

Unfortunately, no phone number has been located for Johnson’s company, Disabled Access Prevents Injury Inc. at 5150 Fair Oaks Blvd., Ste. 101 in Carmichael. Perhaps a bit of irony is the street address is the legal code number for someone who is mentally ill.

At the TACCD’s monthly meeting last week two certified access specialists (CASp) spoke to the group about what recourse people may have.

Jeri Oishi, owner of Enchanted Florist, was at the meeting. She had received a letter from Johnson the week before.

“It’s not one of those things I can ignore and it will go away,” Oishi said. “I have a customer who has been here a number of times in one of those big motorized wheelchairs and he has no problem coming up the ramp so I know it works.”

She said someone from the Lake Tahoe South Shore Chamber of Commerce came by the florist inviting her to a meeting June 10 about the issue, but said first she would have to join the chamber.

“Yes we are bringing in an expert CASp inspector and an attorney. As you know ‘membership has its privileges’ and hence this event is being offered to members first at no cost,” B Gorman, executive director of the Nevada-based chamber, emailed Lake Tahoe News. She further said non-members could attend by invitation-only at $20 as space permitted.

The problem with the Americans with Disabilities Act is little or no wiggle room exists if a business is out of compliance by a half inch even if it works for the people it was designed to help.

Kelly knows of construction being a couple degrees off and Johnson wanting to fight it.

“I think it is wrong. This is not what the ADA was meant to be. It’s far from it,” Kelly said.

All the business owners contacted by Lake Tahoe News said they want to work with the law, help people with disabilities – but they don’t want an out of town swindler taking their money.

Clint Schue knows ignoring the threats from Johnson is not an option.

“I researched the guy. He is the same guy who sued the prior owners. They settled with him for several thousand dollars to make it go away,” the owner of Brothers Bar said.

That’s why settling isn’t a long-term solution. Johnson or anyone else can come back with another complaint.

Schue said Johnson came by his place in his white van in April. He asked about a ramp. Schue told him about the temporary one. Now a permanent one is in the back. The rails went up last week.

Re/Max Realty received a letter from Johnson last month.

“They aren’t even trying to come into my place. They drive by, send a letter and try to settle,” said Jesse Chamberlain of Re/Max in South Tahoe. “It would be one thing if he had an actual real estate transaction going on. It almost seems like they are harassing us.”

Interestingly, Re/Max’s offices are across the parking lot from TACCD’s.

Before the long weekend the white van was filming the Black Bear Inn. The vehicle went up and down Ski Run Boulevard taking pictures of the various businesses.

Kelly is working with South Lake Tahoe officials to have a building inspector become a certified access specialist. Then a sticker can be placed in a business’ window that should be enough to keep Johnson and his ilk at bay.

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Comments

Comments (16)
  1. Bob says - Posted: June 2, 2010

    What a pathetic life Scott Johnson leads. He seeks to destroy instead of giving back to a community. What a loser you are Scott Johnson.

  2. Steven says - Posted: June 2, 2010

    What ever happend with Freshies and that teller at their local bank who filed a law suit against them for non-compliance? Freshies owners thought she was a friend. Wasn’t she working for this Scott Johnson, and please publish her name and where she works!

  3. Steven says - Posted: June 2, 2010

    OOPS, I got it wrong, it was Sprouts Cafe that was hit with the ADA lawsuit by their friendly teller at the local bank. So, what’s her name and what bank?

  4. Mike Bradford says - Posted: June 2, 2010

    Fortunately the Lake Tahoe South Shore Chamber of Commerce is working to help local businesses deal with this situation. It doesn’t look like any other organization is doing anything to assist local businesses. Par.

    Compliments to David Kelly for being the forthright man that he is. Thanks.

  5. Careaboutthecommunity says - Posted: June 2, 2010

    I would guess this guy has more bad karma coming his way :(

  6. Laurie says - Posted: June 2, 2010

    Sadly, he has become an extortionist and kudos to David Kelly for stepping up to assist and make changes the ethical and right way.

  7. doubleblack says - Posted: June 2, 2010

    Boy did I feel good and virtuous when this insane law was passed. Another special interest group got its way and look at the unintended (maybe intended) consequences.
    Look at the source of this foolish extremist law and wonder why it was so crafted?
    This devil is not the only lawyer benefitting from this abomination. It is a plague sweeping the nation.

  8. Ron says - Posted: June 2, 2010

    Great headline.

  9. JoAnn says - Posted: June 2, 2010

    The South Tahoe Chamber of Commerce is working to bring more seminars HERE to help business owners get educated. My business, Pre-Paid Legal Services, has been fighting guys like this for years. Our attorneys are some of the best in the nation.

  10. H says - Posted: June 3, 2010

    JESUS GET A GRIP,GUY COMES TO TOWN TO POINT OUT THE REAL REALITIES ABOUT BUILDING CODES AND STATE DISABILITY LAWS YOU WANT CALL THE GUY A P-ICK.

    Might learn something here, bring it up to code just like the trpa tells all of us to do, life’s a bummer in the basin with too much BS with agencies weave in, out, ligation nightmares for courts to resolve.
    Every thought maybe this is the lack of second home owners and locals alike that just pay for it forget about the neighborhood image?

  11. Peter Hussmann says - Posted: June 7, 2010

    Most of these “extremist laws” were established because of lawsuits. It is unfortunate that in our country of free enterprise somebody is always going to find away to make a buck off them, which in turn leads to more laws….

  12. Jonathan says - Posted: December 8, 2011

    I read these article all the time and their all the same. No one knew they were out of compliance yet by now most business owners are aware of these lawsuits yet take no action to protect themselves. There are many companies like mine that inspect business and help them become compliant with the laws to avoid these problems yet over 90% of our clients have lawsuits pending. Why do business owners wait? (www.adahelpforum.com)

  13. kerry says - Posted: March 8, 2012

    This man needs to be put in jail! This is extroshion, and all he is really doing is putting up more bariers for teh disabled! Let the business know they should contact the Department of justice(civil rights division, and find a way to get in compliance! THEY WILL HELP! If the issue is a bathroom, put a nO pubLIC restrooms! in windows. if your building is too old ask for exemption! There are solutions call the police on him. Sue this creep!

  14. Hang Ups From Way Back says - Posted: March 8, 2012

    Do your own grading,find a pair crutches,even a wheel chair,couple air cast try moving around in this town, won’t take long to see what the problems are.

  15. Honkylonk says - Posted: March 8, 2012

    The parapalegic parasite strikes again. Mr. Johnson gives the handicapped a bad name… and generates ill will towards those he claims to be helping.

    Sad.

  16. k says - Posted: March 9, 2012

    this man is hurting the disable’s rights! he is not out to educatae, and work with, he is just out for himself. every time a business closes, he has atken my right to use that business away! Besides DOJ oes not want business to close. wee have to yell loudly at the capital (SAC) to pass a frivioulus lawsuit bill!