News Wheelchair Hound
posted by August 31 at 15:01 PMon
My new favorite word is “vexatious,” which I learned reading about a 9th Circuit ruling today. The Court nailed an ADA (Americans with Disabilities Act) activist for his “vexatious” lawsuits.
Vexatious means annoying (or intending to annoy)óand the plaintiff was a serial litigant who filed pre-fab lawsuits against restaurants and other public facilities that failed to accommodate him. (He uses a wheelchair.)
Decision of the Day writes:
The Ninth Circuit has upheld a district court order declaring a crusader for disabled access to be a vexatious litigation … The defendants in this case - the Mandarin Touch Restaurant in Solvang - didnít want to wait around for a jury to rule on Molskiís claims. Instead, it fought back by asking the district court to sanction Molski and his law firm as vexatious litigants. After surveying Molksiís history of lawsuits, the district court obliged. Among other things, the district court found that Molski files identical complaints, all the way down to the typos, each alleging that he hurt his arm while trying to exit a too-narrow bathroom. Moreover, Molski hurts his arm this way several times a day, as thirteen of his complaints span the same five-day period. Molski also waits for a year before filing his complaints, so that his claimed damages of $4000 a day have already multiplied to over a million dollars before the case begins.