The hits keep on coming for Brian Whitaker, a serial filer of lawsuits against small businesses under the Americans with Disabilities Act.
On Monday, U.S. District Court Judge Yvonne Gonzalez Rogers dismissed Whitaker's suit against Salah R. Salah, the owner of Deja Vu Juice Bar in San Mateo. She found that Whitaker did not plausibly allege that he intended to return to the juice bar when the alleged barrier to accessibility -- tables without sufficient clearance for a wheelchair -- was remediated.
"Given the substantial allegations raised against plaintiff and his firm concerning a potential fraud on the courts," she wrote, if Whitaker elects to amend the complaint he must submit declaration under penalty of perjury that substantiates his intent to return. Potter Handy must submit its own declaration describing how it"ensured" that Whitaker intends to return.
According an analysis by Bay City News, in 2021 ADA filings in the district tripled compared to 2020. Total ADA filings in 2021 amounted to more than 25 percent of all new cases in the district that year. Potter Handy filed 85 percent of those cases.
Against that background, Rogers scheduled hearings in five Potter Handy cases for hearing on the same day. After hearing the evidence and dismissing the complaint in the Salah case, she imposed special conditions if plaintiff decides to submit an amended complaint. Potter Handy's ADA litigation practice, according to the allegations in the district attorneys' case, involves a lot of money.
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