U.S. Court of Appeals for the 9th Circuit
This case illustrates all too well the negative impact drive-by ADA lawsuits are having on small businesses. The plaintiff is a well-known abuser of the ADA, having filed over 400 lawsuits creating a "well-established pattern of abusive litigation." Instead of encouraging business owners to perform remedial measures, Molski actually orders defendants not to repair or modify allegedly inaccessible facilities with a letter that threatens action for spoliation of evidence pursuant to California's penal code. The court has declared Molski to be a vexatious litigant.
The District Court concluded that Molski had not established a likelihood of future injury (i.e., no intent to return to the Mandarin restaurant), and thus, lacked standing to pursue injunctive relief under the ADA. Molski has appealed to the 9th Circuit.
Status: DECIDED. Amicus brief filed in support of Mandarin Touch June 14, 2006. On Aug. 31, 2007, the 9th Circuit Court affirmed the district court order.
