The most hated man in Humboldt, whose recent threat of an American Disabilities Act lawsuit was blamed for the closure of Porter Street Barbecue in Arcata, reached out to the Journal with a rebuttal this morning. Jason K. Singleton, who practices law in Eureka, was the subject this week of a viral wanted poster. Calls for vengeance circulating through social media ranged into the cringe-worthy, but Singleton’s ADA suits have been riling up the community for quite a few years.
Here’s Singleton’s press release:
California adopted its access regulations, incorporated into the state building code, in 1982. The ADA became effective in 1994. 20 years ago. The issue of access for people with disabilities has been in the media many many times over the years. Any facility that claims, as many do, “that we did not have notice we had to provide access”, is intentionally putting their head in the sand. Moreover, every single client of mine sends a letter asking for access long before any legal action. Every time, without fail, for over a decade.
Much of the angst should be directed at the building departments. The state attorney general has long ago informed all building departments to enforce California access standards in the California Building Code. If the building departments stopped granting final approval of construction and additions that were inaccessible, there would be no ADA suits.
The vitriol that surrounds this issue stems from the fact that people with disabilities remind the able bodied of their mortality. Yes Virginia, we are all going to grow old and be disabled. Look into the deep recesses of your subconscious and come to terms with this fact. In a culture that worships youth and beauty, this is more than some can take.
Given the radical boom bust cycle of the real estate market in recent years, there are more than a handful of lease agreements which are presently unfavorable to either the landlord or the tenant. If a landlord or tenant chooses to use the cost of remediating barriers to access as a vehicle to end a lease, that is their issue. I cannot comment on any particular case.I can say that the dollars that were spent at any closed facility have not left the county. They will be spent at some other business, very likely one that is accessible.
No one seems to have an issue with the idea that if a business cannot be profitable if it makes payroll tax deposits, workman’s compensation premiums, and complies with food safety regulations, that it should close. But when it comes to providing access for people with disabilities, the same premise does not apply. Well wake up and smell the coffee. Access for people with disabilities is not charity. It is a civil right.There are federal tax credits available for money spent to remove barriers to access. This has been true, every year, since 1994. A dollar for dollar reduction of tax obligation. A facility that claims they cannot afford to provide access, is: 1. Misinformed. 2. Barely profitable anyway. or, 3. Lying.
My advocacy in Humboldt County over the last 16 years has done more to improve access for people with disabilities and remove architectural barriers than any one person in the County’s history. You only hear in the media about the lawsuits. What is not in the media is the hundreds of letters my office and my clients have written that obtain access without a lawsuit.
The enforcement mechanism chosen by Congress and the State of California is effective, however draconian in some circumstances. It does work though. Unlike the building departments which frequently do not. If you do not like the law, propose something better to your legislator. In the interim, feel free to continue to place this issue in the media. It renders the letters my clients write prior to litigation, rather receptive to the recipients, and on whole, makes litigation less likely.Jason K. Singleton
This article appears in Humboldt Outside.
Some very valid points. The main thing to remember is he’s apparently on the correct side of the law, no matter how emotional folks get. Since the law is so old, it doesn’t seem likely that it will be changed any time soon. It does take a certain type of person to become the most hated man in the county, however, and all the legalese in the world can’t make his business model less sleazy.
he claims that if the building departments didn’t approve of these buildings he has shut down they wouldn’t have these problems, well take a look at most the businesses he has targeted, those buildings where built way before the ada act of 1994. so the cost to retro fit them for the disabled is to high and the business has to shut down. he is using a law to scam people and put money into his pockets. people quit defending him saying he is just defending the law.
Advocacy is defined as “public support for or recommendation of a particular cause or policy”. From what I have personally seen over the years from you and your office doesn’t even come close to advocacy. Your clients have the same m.o. each and every time. They would roll into the place of business, spend 5 minutes inside, then roll out. Never say a word to the owner or manager. Then roll out. They have not asked for access to anything. They don’t spend a dime at that particular place of business. How is it possible for someone who lives over 100 miles away happen to be here in Eureka to purchase a simple tool that could be purchased less than 10 miles from their home? 2 Weeks later, the owner receives a letter from your office addressing the issues the named Plaintiff has not personally seen. The owner would then call you, explain the situation, your respond by saying either do the work or pay me. When the owner “settles” with you, you then tell that owner “There is no guarantee I won’t sue you again.” I was there when you told the owner this.
When you say, tax credits are available, why don’t you mention this? If a business owner does not have the CASH to make the necessary changes, what difference does it make there are tax CREDITS available anyway? When a small business is barely profitable, why go in and take that profit away from your frivolous lawsuit? “What is not in the media is the hundreds of letters my office and my clients have written that obtain access without a lawsuit.” Out of those hundreds of letters, how many were settled out of court that ended up lining your pocket? Now who is lying?
I would like to see a defense fund created through an existing non-profit (so that donations would be tax-deductible). The Eureka Chamber of Commerce would be a perfect vehicle (and they are not affiliated with the National Chamber). The next business that is hit with a suit could turn to the defense fund’s retained attorney for help, and the plaintiff would be up against a prepared, organized community.
I would like to see charges of extortion be placed on singelton for his actions
Lets see some of these letters Singleton has allegedly received from clients and some of the correspondence they supposedly sent to business waning them of the ADA violations beforehand. If those letters are basis of his defense then he should show them . I especially love his dripping-with-condescension explanation about why people might be upset with his efforts I’ve worked with elderly and disabled people for many years. This guy makes me want to puke,he doesn’t advocate for anyone or anything except loading his own pockets.
Lets see some of these letters Singleton has allegedly received from clients and some of the correspondence they supposedly sent to business waning them of the ADA violations beforehand. If those letters are basis of his defense then he should show them . I especially love his dripping-with-condescension explanation about why people might be upset with his efforts I’ve worked with elderly and disabled people for many years. This guy makes me want to puke,he doesn’t advocate for anyone or anything except loading his own pockets.
Lawyerese with a spin.
I’d like one example of an “architectural barrier” he’s removed that didn’t include him making money off the deal and the business being closed.
” 2. Barely profitable anyway” Now there is a good reason to shut a business down.
I am flabbergasted that he actually had the tenacity to portray himself as a hero. If you’re really into helping out the downtrodden, become a nonprofit and don’t take a salary. You sir, are a genuine scumbag.
“What is not in the media is the hundreds of letters my office and my clients have written that obtain access without a lawsuit.”
*translated*
“They settled out of court and I made money off the deal.”
Porter Street is not telling the truth. It received a notification letter, with a return address and was asked to write back about making the repairs and decided to totally ignore it. A lawsuit was the last alternative to gain safe access to this business for the disabled community.
This is why other countries hate Americans so much….because some of them are immoral and believe in stealing from other’s hard work. What a sad sad man. pathetic really to live off of other people’s suffering. Taking away from all the people who work in these places. Shame Shame Shame on you sir.But like they say the bad people will get their’s sooner or later.
legality vs morality vs ethics: this guy sure seems to be riding the line of decency, even with his defense so eloquently comprised. Sure he is using the law to help people, and I’m sure it doesn’t hurt his motivation that he, himself is to benefit. It seems comparable to suggest large companies paying people 50 cents a day is helping them, because workers wouldn’t have anything if they didn’t. It may be true, but it makes it no less self-interested. Does he do this as an altruistic side project during his free time? no, this is his livelihood. It is a veiled attempt to “help” those in need.
I can not imagine business in violation of the law wouldn’t do something, perhaps not restructuring pre-law buildings, but maybe installing a ramp to help people access the location. (I have yet to meet a person with a prejudice against those with disabilities; perhaps apathy, which is little better but curable with information and solutions. but I digress…) Also, is a letter adequate correspondence if a solution is the desired outcome?. (If I had a dollar for every piece of unopened mail from an unsolicited outfit that I have thrown away, I could make the adjustments for at least one business.) One would imagine he has to go to these establishments. Does he make appts. to speak with owners to attempt a resolution while there? Meanwhile, the locally owned small business are being forced to close due to their inability to stay out of his crosshairs. I’d wager his complete disgust of this disregard doesn’t stop his patronage of these noncompliant outfits should he desire something within.
I’m saddened by the “clients” who help him do this, who (I hope) think he cares. I wonder what sense of accomplishment they derive from these settlements. I wonder how many clients he has, or if it a team of people championing the cause. No one can be at every event, but I wonder what he does to support people with disabilities, or donates to the community center programs or several organizations that are in place to help those with disabilities. Does he donate time?
He sure has found access to the disenfranchised though; offering people a way to feel less slighted is a powerful mechanism, but helping people to elevate their situation is more so; teach a man to fish, as it were. I wonder how thankful people are when the place they wanted to go to/ the item they were so sad not to have is no longer there, if indeed patronage is/was the objective.
Maybe the money stays local, but wouldn’t that be the case without the closures? And it shocks me that his clients would only “very likely” spend their money at a compliant establishment. I mean, if these people are such advocates of the law, they should certainly only spend money where they have been considered. Where are these advocates anyways? Where is the Singleton sponsored event to raise awareness or funds to help outfit local establishments who want to comply but can’t? If he is so acutely aware of the tax benefits, where is his workshop to help those in need of said advise? I guess at the end of the day, it is the lack of solution oriented behavior that seems to draw the disbelief.
He may think he is helping… he may have told himself that enough, his view may be that one sided, but what about the out of court settlements that do not result in total restructuring, yet still seem to appease; What of the access then?
Is he a good person?, that is not for me to decide… but it will come to question at some point.
Sure, he’s acting within the law, and that makes it legal. Does it make it OK? To quote a famous advocate for rights, MLK, “Never forget that everything Hitler did in Germany was legal.” Also, everything the founding fathers did to conquer this land was legal… was it ethical?
This is a small town, where we rely on others, and being so distrusted is not meaningless. He’ll stand behind his motivations and bravado and that is exactly what will protect him some day… or maybe wont; time shall tell.
There isn’t any information in his response about why Porter Street was shut down–specifically, what was it about the architecture that made the restauraunt’s premises inaccessible to disabled persons? Is that information even available? If not, I don’t see how anyone could know whether or not the lawsuit is justified. From the outside of the building, it does not appear to be a difficult place to enter. It is on ground level with close parking and doors that open from the front…
Now Singleton is after the Clam Beach Inn:
http://madriverunion.com/clam-beach-inn-st…
Let’s organize to help them fight!
“If the building departments stopped granting final approval of construction and additions that were inaccessible, there would be no ADA suits.”
Uh, then why has he threatened the Clam Beach Inn (built in the 1940s) with a suit?
This is too cute. I used to think that Humboldt was a place worthy of saving… until I turned 10 years of age… then I realized that Humboldt is just too comfortable in it’s horrible state. I always tell myself that the worst thing a man can do to himself is become TOO COMFORTABLE. What makes a politician corrupt? TOO COMFORTABLE with crime. What makes a prisoner? A MAN TOO COMFORTABLE IN HIS CELL.
These businesses had 20 years to reform their buildings to accommodate the disabled. That is plenty of time. Jason Singleton is just doing his job. How can you hate a man who is simply trying to help disabled people? What are the disabled people supposed to do? Avoid your business while you give them hyper-aggressive stares hoping that they don’t call a lawyer? Eureka, CA is a pathetic pile of shit along with the rest of Humboldt. We need a STRONG LEADER who is NOT LOCAL. We need a DA who isn’t some spineless populist coward. Prostitution, drugs, murder, low-lives, crappy businesses, etc. 20 years to fix their buildings and they REFUSE. I’m not going to accept bitching as an answer. What cowardly filth! I one time saw a man who lost his leg being forced to crawl up the steps of the RTS transit. If that was in LA county that driver would’ve lost his job! It seems most of the jobs in Humboldt are just desperately held down by people SQUATTING and the employers can do whatever they want with their employees… mainly because they’re so many other desperate unemployed people who will do anything to get that said job.
Humboldt has absolutely no idea what it’s doing. Other counties have solved this problem long ago. It seems like Humboldt is stuck in the 1930’s. We have the KKK, Nazis, gender norms (my long hair is seen as “intimidating” to many locals…. LOL,) homophobia (people who think long hair = homosexuality,) people who use the word “Jew” as an insult (people who call me a “Jew” because they think I’m gay because I have long hair……,) people who believe that homosexuality is contagious (people who think that Homosexuality is somehow linked to Judaism even though I explained that homosexuality was present thousands of years before the Hebrew occupied Palestine,) businesses that have not been updated since the 60’s, crappy education, weed is the chief export, we even have de facto segregation as I mainly see black people in poor districts in Eureka and black people in hollowed out meth communities like Loleta…. they’re all forced into the GHETTO! LMAO! What is this? The 1960’s in Alabama? Does anyone have the spine to challenge the NORM or are you TOO COMFORTABLE?
Humboldt is clearly not in good hands. Time to grow the fuck up.
You had your chance Humboldt. You simply just lacked the spine to actually bring any change. What Humboldt has is *CAREER POLITICANS WHO HAVE NO INCENTIVE TO BRING ANY CHANGE.* They squat in their city councils expecting the same old loyal voters to keep them in power year after year. Clearly there is no leadership. Anytime I bring up the problems Humboldt has they call me a “whiner.” I’ve seen this county for 20 years do absolutely nothing… blaming homeless people for a crumbling and ineffective government caused by stupid leadership at the city councils, blaming criminals even though if you really think it’s really the broken education system and the worthless teachers unions who free ride knowing full well that they can squat all they want without actually putting effort into teaching. Funny thing is that anyone who blames the criminals are too stupid to lead. You really going to waste our time blaming criminals when it was the lack of community support or the fact that the so called “Jobs” are fucking worthless? LOL. Who elected these people? So far at this point they are just mouth pieces saying stupid shit. Where’s the leadership? What kind of leader BLAMES? Might as well just blame the Jews for anything that doesn’t make sense seeing as though we’re not going to have the maturity to accept OUR PROBLEMS… instead lets BLAME the OTHER GUY. Scapegoat!!!!
When our city leaders pull this shit like, “HURRR DURR OMG DA LA’ERS R DUN CREMANELS!” then it’s clear they are not smart enough to lead.
Funny thing is that once I leave this county I’m going to completely forget everything about this place. This county is so forgettable. It’s like some wanna-be Neo-Nazi racist white continental America meets the prairie lands of Mid-America. There’s even some pretentious Victorian era themes that just end up making me laugh. Most bizarre aspect of Humboldt is that the cities are so damn far away….. why is Eureka like 10 miles from Fortuna? Mckinleville 40 miles? There’s no way to get into Ferndale without crossing a bridge with cars rushing past you at 40 miles per hour. The buses are like an hour apart from each other so trying to get somewhere is impossible if you don’t have a car! Might as well suicide seeing as though the poverty is self-perpetuating and the leadership doesn’t give a fuck…. LOL.
It’s clear Humboldt is TOO COMFORTABLE and DOESN’T CARE. We need a man who ISN’T COMFORTABLE and DOES CARE. Problem is that once you put the effort…. there’s going to be so much resistance… mainly because people are used to their OLD WORLD… so you might as well just move to LA county. At least they have something to lose…. and they AREN’T COMFORTABLE… therefore there’s always going to be change.