Jarek Molski
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Jarek Molski is a disabled man known for filing hundreds of
lawsuits A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...
against small businesses for violations of the
Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...
(ADA). Since a 1985
motorcycle A motorcycle (motorbike, bike; uni (if one-wheeled); trike (if three-wheeled); quad (if four-wheeled)) is a lightweight private 1-to-2 passenger personal motor vehicle Steering, steered by a Motorcycle handlebar, handlebar from a saddle-style ...
accident that left him
paralyzed Paralysis (: paralyses; also known as plegia) is a loss of motor function in one or more muscles. Paralysis can also be accompanied by a loss of feeling (sensory loss) in the affected area if there is sensory damage. In the United States, r ...
, Molski has filed over 400 lawsuits against
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
small businesses due to lack of handicap parking, misplaced handrails, and other ADA violations. Molski has received heavy criticism over his lawsuits. In 2004, a
federal judge Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A U.S. federal judge is appointed by the U.S. president and confirmed by the U.S. Senate in accordance with Arti ...
accused Molski of
extortion Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded ...
, calling him a "hit-and-run plaintiff", and barred Molski from filing further lawsuits. Molski appealed the judge's order to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
, but was denied after they refused to hear his case.


Lawsuits

All of Molski's lawsuits have been exclusive to small businesses for violating the
Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...
. Of them, only one went to a
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
, while the rest have been settled out of court.
San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
attorney, Tom Frankovich, has represented Molski in 232 of his cases. Frankovich is estimated to have earned over $10 million from Molski's cases.


Criticism and impact

Molski's lawsuits have sparked debates on the balance between disability rights and potential abuse of the legal system. Critics argue that Molski has exploited the ADA to file frivolous lawsuits for personal gain, while others maintain that he has brought attention to the accessibility issues faced by people with disabilities. The criticism surrounding Molski's lawsuits has led to calls for ADA reform to prevent similar tactics in the future. Some of these proposed changes include imposing stricter standards for ADA lawsuits, requiring plaintiffs to give businesses a reasonable opportunity to address violations before filing a lawsuit, and limiting attorneys' fees in such cases. Despite the controversy, Molski's lawsuits have led to increased awareness of ADA compliance issues among small businesses. Many businesses have taken steps to improve their accessibility, either as a result of being sued by Molski or to avoid similar lawsuits.


References

{{DEFAULTSORT:Molski, Jarek Living people United States lawsuits United States disability case law Year of birth missing (living people) American disability rights activists