What Then, Is Poetry?
I read, today
the words of a young poet
A tapestry of thoughts
manipulated
and then expressed
as words
They thought her gifted
I thought her talented
It occurred to me
the poet of any age
of any gift or talent
may write thoughts
meant only for the author
What, then, is poetry
but the shared soul
of another
I thought of my own writings
my adolescent journey
Personal discussion
with my demons
to find my peace
I wrote for her
Or me?
My prose was to vanquish
intolerable pain
to pay homage to my
weakness
I could not
cannot
manipulate thoughts to words
that would give me rise
above the pain
when tears thundered from my eyes
took to my cheeks like eroded earth
and trampled victoriously over me
It occurred to me
we are all poets
when love is kind
or brutally malicious
all the while
we seek comfort from within
by looking out
Paul D. McInerny
Monday, March 29, 2010
Opinion on Advice
I am of the most humble opinion that those who are unwilling to follow the path of their own sacred and unarguable advice should not be dispensing it as gospel to others.
Paul D. McInerny
4/12/2007
Paul D. McInerny
4/12/2007
Retirement Day
Prelude
Recently, I celebrated 3 years of retirement. It almost seems a life time ago that I carried a badge. I was feeling a bit nostalgic today and decided to share my personal observations of the day I stopped working for the city.
Are you one of the fortunate souls to still be employed? Whether you are at the beginning of your career, in the middle or nearing retirement, you have probably given some thought as to what you will do when the day arrives when you no longer punch a clock or get up every morning to go to work. Before my day arrived, I heard the folks who went before me talking about their plans for traveling, fishing, hunting, moving out of state or starting a second job. But what about the actual day; the very last day of work?
My retirement day occurred on a Friday during Christmas break, which meant most everyone was home enjoying the holidays. For me, there would be no fanfare or saying goodbye to friends and colleagues. No cakes or ice cream while sitting around sharing stories and reminiscing of past exploits or "war stories." I sat at my desk in quiet solitude and recorded my thoughts. Here is a portion of what I wrote, December 29, 2006.
_____________________________________________________
My Last Day at Work
Friday, December 29, 2006
Retirement Day
I woke up this morning at approximately 5:15 am to the alarm clocks greeting. I worked my legs over the side of the bed and sat up with the stark realization that this was my last day at work as a sergeant with the Garden Grove Police Department. It seems like a different lifetime ago that I was scurrying to get to the reserve academy at the Huntington Beach Police Department. Being yelled and screamed at during inspections and trying to stay awake during the drone voice of the instructor teaching criminal law.
I shuffled to the main house and shaved, showered and brushed my teeth and went back to my room behind the garage to get dressed. I lifted some weights to get the blood pumping and then sat down in front of the computer to play a game of Spider Solitaire or two while my hair dried. When it was time, I walked to the closet to decide what to wear on this final day. Instead of the traditional dress pants, shirt and tie, I opted for blue jeans, sweatshirt and tennis shoes.
My daughter, Meghan knocked on the door and said she had to leave for work. I had parked my car behind her in the driveway and so she was waiting for me to move my car. At 6:45 am, I walked out into the cool morning air and started the engine, backed out of the driveway and headed to work. Even though work was a mere two or three blocks away, I drove to work because I used my car to do my errands or assignments. There was one car in the office to share among four sergeants. Although two sergeants were on vacation, I guess I just got into the habit of driving. The forecast was for a beautiful, California winter day with a high of 72 degrees. A far cry from the temperature in Minnesota where my parents lived. For them, it was cloudy with a high of 35 degrees, but because of wind chill factor it would feel as if it were 29 degrees
I arrived at work and Lieutenants Paul Prince and Steve Sanders and Sergeant Bill Eriksen informed me that we were all going out to breakfast. We drove to Yabba Jabba on Main Street and Paul, ever the gracious host, bought my coffee and scone. We talked of old times and future times. Paul asked what my plans were for next week and after a silent pause of thought, I replied, “I have no plans.” I was going to take it easy and let it all soak in. Ling had projects around her house that she wanted me to work on and that seemed like a good start to stay busy. After a time together, we headed back to the department.
I grabbed the Orange County Register from the Lieutenants desk to see what was occurring today. President Gerald Ford, 38th President of the United States passed away Tuesday, December 26th, 2006 at age 93. The first portion of his burial ceremony will take place in Palm Desert, CA. The paper had an article on the rehearsal of this solemn event.
There was a follow up article on the shooting of a suspect who shot and wounded two Long Beach Police officers. They found the suspect in Santa Ana at a strip mall on Warner Avenue. When the suspect saw the uniformed cops, he shot at them at which time they returned fire and killed him. An appropriate ending. I thought of Mink, the man convicted of the death of Garden Grove Officer Don Reed at the Cripple Creek Bar (1980). He was convicted and sentenced to death in 1982 and still sits on Death Row at San Quentin. He will likely outlive the parents of Don Reed. Shame.
It is quiet as I sit in my cubicle and type this entry. Most of the administrators are off for the holidays. The second floor has detectives and a skeleton crew of cadets staffing the phones for the secretaries. Two sergeants, Bob Bowers and Jim Fischer, are enjoying the Christmas break with their families, but Paul Prince, Steve Sanders, Bill Eriksen and Chuck Boyd are here. I was alone in my thoughts.
My thoughts drifted to yesterday, December 28, 2006, when at approximately 9:30 am, Scott Jordan, Chief of Police for Tustin, California came by to say goodbye and gave me a retirement card. He wrote a very touching note and I was moved that he thought enough of me to drive all the way over just to shake my hand and say goodbye. Such a wonderful gesture. Scott and I attended the academy together.
Captain Bruce Prince came in from his Christmas break to take a group of us out to lunch. Usually, when one retires, we throw a big, formal roast. Friends, family, and foes are invited and the retiree is presented with gifts and accolades. I opted to have none of that. I came here very quietly and chose to leave in the same manner. Life does indeed go on.
Steve LaFond – Steve LaFond was a gentleman and an irreplaceable component of the annual police memorial. He developed cancer of the tongue and had radical surgery to remove the tumors. He recovered and after a mere two weeks, returned to work to spread his joy and cheerful personality. Sunday, December 17, 2006, he collapsed while at home and died. His funeral was Thursday, December 21 and was the largest non-police funeral I have seen in a very long time. It was a testament to his influence and how much he touched the lives of so many people. God Bless you, Steve.
Back to retirement day. Today, for lunch, Paul Prince went to Costco and bought 3 large pizzas for the office. It was nice to sit around with Bill, Steve, Chuck and Paul and just talk. In about five hours I will no longer be a police officer or Sergeant McInerny. I will simply be Paul McInerny. A transition, so they say, but still…after nearly 30-years it seems more than just a simple transition. Our existence is spent working toward goals or attempting to achieve something. Go from 1st grade to second to graduate from high school to graduate from college. Go to job interviews and pursue the dream. Work toward job knowledge, competency, excellence, and expertise. Promote and rise through the ranks. Eventually work toward retirement, but what then? What is the goal except to keep busy and healthy? It is more than a transition. It is a metamorphosis of thought, purpose and existence. It will have its own challenges, but the pursuit or goal has changed if not deleted all together. Others have gone before me and others will follow, so I will not make too much of this metamorphosis.
The day was spent watching the clock and sending a department wide e-mail that said goodbye. I included a copy of Frank Sinatra’s “My Way” as a means of expressing, somewhat, how I felt. A few people responded; Ron Doscher from P/E, Joni from Records, John Reynolds from Patrol and Courtney from Communications. Some people were shocked that today was actually the final day. I came quietly and I will leave quietly.
I downloaded some personal files onto a flash drive and closed out my “H” drive at the department. I made idle chat with Paul Prince. Usually, another sergeant would approve my timesheet, but today for the final one, I asked Paul to sign it. He asked me to sign his; another unusual occurrence. I made a copy of my timesheet to keep for prosperity and turned the original into Records. What now?.
Finally, at about 4:00-4:15 pm (I forgot to look) Paul called to me from his cubicle and told me I was finished and to go home. I stood up and walked over to Paul, Steve and Bill and shook their hands. I gave Paul and Steve a hug and with that, I headed to the hallway.
As I stepped into the hallway, I looked to the east and saw it was completely empty. The hallway runs the entire length of the building and the various offices are off to either side. Because this was Christmas break, the Command Staff upstairs, with the exception of Paul, was on vacation. Department secretaries were either staffed by cadets or CSO’s or simply closed during the Christmas break. I began my walk down the hallway. Bill and Paul stood outside the door and I walked in between them and began the final journey. I walked somewhat quickly and with purpose, yet felt like a condemned man. I was tempted to turn around and look to see if Paul and Bill were still standing in the hallway. Maybe give a final salute or wave goodbye. I kept walking.
I reached the end of the hallway and turned left and down the stairs. I walked to the rear lot to see the patrol cars one last time. I made my way to the east lot to my car and felt my eyes fill with tears. I unlocked the car, got in, started the engine and then drove out of the lot. As I drove past the police memorial, I said a silent goodbye and thanked God for allowing me to live my dream and survive to retire. And just like that…I was gone and my career was over.
Recently, I celebrated 3 years of retirement. It almost seems a life time ago that I carried a badge. I was feeling a bit nostalgic today and decided to share my personal observations of the day I stopped working for the city.
Are you one of the fortunate souls to still be employed? Whether you are at the beginning of your career, in the middle or nearing retirement, you have probably given some thought as to what you will do when the day arrives when you no longer punch a clock or get up every morning to go to work. Before my day arrived, I heard the folks who went before me talking about their plans for traveling, fishing, hunting, moving out of state or starting a second job. But what about the actual day; the very last day of work?
My retirement day occurred on a Friday during Christmas break, which meant most everyone was home enjoying the holidays. For me, there would be no fanfare or saying goodbye to friends and colleagues. No cakes or ice cream while sitting around sharing stories and reminiscing of past exploits or "war stories." I sat at my desk in quiet solitude and recorded my thoughts. Here is a portion of what I wrote, December 29, 2006.
_____________________________________________________
My Last Day at Work
Friday, December 29, 2006
Retirement Day
I woke up this morning at approximately 5:15 am to the alarm clocks greeting. I worked my legs over the side of the bed and sat up with the stark realization that this was my last day at work as a sergeant with the Garden Grove Police Department. It seems like a different lifetime ago that I was scurrying to get to the reserve academy at the Huntington Beach Police Department. Being yelled and screamed at during inspections and trying to stay awake during the drone voice of the instructor teaching criminal law.
I shuffled to the main house and shaved, showered and brushed my teeth and went back to my room behind the garage to get dressed. I lifted some weights to get the blood pumping and then sat down in front of the computer to play a game of Spider Solitaire or two while my hair dried. When it was time, I walked to the closet to decide what to wear on this final day. Instead of the traditional dress pants, shirt and tie, I opted for blue jeans, sweatshirt and tennis shoes.
My daughter, Meghan knocked on the door and said she had to leave for work. I had parked my car behind her in the driveway and so she was waiting for me to move my car. At 6:45 am, I walked out into the cool morning air and started the engine, backed out of the driveway and headed to work. Even though work was a mere two or three blocks away, I drove to work because I used my car to do my errands or assignments. There was one car in the office to share among four sergeants. Although two sergeants were on vacation, I guess I just got into the habit of driving. The forecast was for a beautiful, California winter day with a high of 72 degrees. A far cry from the temperature in Minnesota where my parents lived. For them, it was cloudy with a high of 35 degrees, but because of wind chill factor it would feel as if it were 29 degrees
I arrived at work and Lieutenants Paul Prince and Steve Sanders and Sergeant Bill Eriksen informed me that we were all going out to breakfast. We drove to Yabba Jabba on Main Street and Paul, ever the gracious host, bought my coffee and scone. We talked of old times and future times. Paul asked what my plans were for next week and after a silent pause of thought, I replied, “I have no plans.” I was going to take it easy and let it all soak in. Ling had projects around her house that she wanted me to work on and that seemed like a good start to stay busy. After a time together, we headed back to the department.
I grabbed the Orange County Register from the Lieutenants desk to see what was occurring today. President Gerald Ford, 38th President of the United States passed away Tuesday, December 26th, 2006 at age 93. The first portion of his burial ceremony will take place in Palm Desert, CA. The paper had an article on the rehearsal of this solemn event.
There was a follow up article on the shooting of a suspect who shot and wounded two Long Beach Police officers. They found the suspect in Santa Ana at a strip mall on Warner Avenue. When the suspect saw the uniformed cops, he shot at them at which time they returned fire and killed him. An appropriate ending. I thought of Mink, the man convicted of the death of Garden Grove Officer Don Reed at the Cripple Creek Bar (1980). He was convicted and sentenced to death in 1982 and still sits on Death Row at San Quentin. He will likely outlive the parents of Don Reed. Shame.
It is quiet as I sit in my cubicle and type this entry. Most of the administrators are off for the holidays. The second floor has detectives and a skeleton crew of cadets staffing the phones for the secretaries. Two sergeants, Bob Bowers and Jim Fischer, are enjoying the Christmas break with their families, but Paul Prince, Steve Sanders, Bill Eriksen and Chuck Boyd are here. I was alone in my thoughts.
My thoughts drifted to yesterday, December 28, 2006, when at approximately 9:30 am, Scott Jordan, Chief of Police for Tustin, California came by to say goodbye and gave me a retirement card. He wrote a very touching note and I was moved that he thought enough of me to drive all the way over just to shake my hand and say goodbye. Such a wonderful gesture. Scott and I attended the academy together.
Captain Bruce Prince came in from his Christmas break to take a group of us out to lunch. Usually, when one retires, we throw a big, formal roast. Friends, family, and foes are invited and the retiree is presented with gifts and accolades. I opted to have none of that. I came here very quietly and chose to leave in the same manner. Life does indeed go on.
Steve LaFond – Steve LaFond was a gentleman and an irreplaceable component of the annual police memorial. He developed cancer of the tongue and had radical surgery to remove the tumors. He recovered and after a mere two weeks, returned to work to spread his joy and cheerful personality. Sunday, December 17, 2006, he collapsed while at home and died. His funeral was Thursday, December 21 and was the largest non-police funeral I have seen in a very long time. It was a testament to his influence and how much he touched the lives of so many people. God Bless you, Steve.
Back to retirement day. Today, for lunch, Paul Prince went to Costco and bought 3 large pizzas for the office. It was nice to sit around with Bill, Steve, Chuck and Paul and just talk. In about five hours I will no longer be a police officer or Sergeant McInerny. I will simply be Paul McInerny. A transition, so they say, but still…after nearly 30-years it seems more than just a simple transition. Our existence is spent working toward goals or attempting to achieve something. Go from 1st grade to second to graduate from high school to graduate from college. Go to job interviews and pursue the dream. Work toward job knowledge, competency, excellence, and expertise. Promote and rise through the ranks. Eventually work toward retirement, but what then? What is the goal except to keep busy and healthy? It is more than a transition. It is a metamorphosis of thought, purpose and existence. It will have its own challenges, but the pursuit or goal has changed if not deleted all together. Others have gone before me and others will follow, so I will not make too much of this metamorphosis.
The day was spent watching the clock and sending a department wide e-mail that said goodbye. I included a copy of Frank Sinatra’s “My Way” as a means of expressing, somewhat, how I felt. A few people responded; Ron Doscher from P/E, Joni from Records, John Reynolds from Patrol and Courtney from Communications. Some people were shocked that today was actually the final day. I came quietly and I will leave quietly.
I downloaded some personal files onto a flash drive and closed out my “H” drive at the department. I made idle chat with Paul Prince. Usually, another sergeant would approve my timesheet, but today for the final one, I asked Paul to sign it. He asked me to sign his; another unusual occurrence. I made a copy of my timesheet to keep for prosperity and turned the original into Records. What now?.
Finally, at about 4:00-4:15 pm (I forgot to look) Paul called to me from his cubicle and told me I was finished and to go home. I stood up and walked over to Paul, Steve and Bill and shook their hands. I gave Paul and Steve a hug and with that, I headed to the hallway.
As I stepped into the hallway, I looked to the east and saw it was completely empty. The hallway runs the entire length of the building and the various offices are off to either side. Because this was Christmas break, the Command Staff upstairs, with the exception of Paul, was on vacation. Department secretaries were either staffed by cadets or CSO’s or simply closed during the Christmas break. I began my walk down the hallway. Bill and Paul stood outside the door and I walked in between them and began the final journey. I walked somewhat quickly and with purpose, yet felt like a condemned man. I was tempted to turn around and look to see if Paul and Bill were still standing in the hallway. Maybe give a final salute or wave goodbye. I kept walking.
I reached the end of the hallway and turned left and down the stairs. I walked to the rear lot to see the patrol cars one last time. I made my way to the east lot to my car and felt my eyes fill with tears. I unlocked the car, got in, started the engine and then drove out of the lot. As I drove past the police memorial, I said a silent goodbye and thanked God for allowing me to live my dream and survive to retire. And just like that…I was gone and my career was over.
Friday, March 26, 2010
Thursday, March 25, 2010
My Guitar 
Yesterday, I removed the strings from my Gibson ES-335TD and decided to give it a good work over. I removed the control knobs and polished the pick-ups and other chrome pieces. I found some oak oil polish and started the process of getting the wood to look like it did when I first bought it back in 1972-73. It is still in pretty good shape considering its age and use in a 50's band. This is the instrument that I used to record songs that I wrote.
I remember working with Chris Castenada at his studio over by Lake Nakomis. I believe it was called the Half Moon Studio, but don't quote me on that. I would walk from my parents house, in the snow with my guitar, to the studio to record my songs. After it had been out in the cold Minnesota winter and before we could begin recording, I had to open the case and let the instrument slowly acclimate to room temperature.
A few years ago, I actually took it to a shop to have it worked on: straighten the neck, new strings, the usual tune up for an old instrument. The older the guitar gets, the less I trust it to a stranger. If anyone knows of a connoisseur of Gibson guitars that really knows how to check them over, I would love to hear from you.
Well, back to another session of polishing.
Yesterday, I removed the strings from my Gibson ES-335TD and decided to give it a good work over. I removed the control knobs and polished the pick-ups and other chrome pieces. I found some oak oil polish and started the process of getting the wood to look like it did when I first bought it back in 1972-73. It is still in pretty good shape considering its age and use in a 50's band. This is the instrument that I used to record songs that I wrote.
I remember working with Chris Castenada at his studio over by Lake Nakomis. I believe it was called the Half Moon Studio, but don't quote me on that. I would walk from my parents house, in the snow with my guitar, to the studio to record my songs. After it had been out in the cold Minnesota winter and before we could begin recording, I had to open the case and let the instrument slowly acclimate to room temperature.
A few years ago, I actually took it to a shop to have it worked on: straighten the neck, new strings, the usual tune up for an old instrument. The older the guitar gets, the less I trust it to a stranger. If anyone knows of a connoisseur of Gibson guitars that really knows how to check them over, I would love to hear from you.
Well, back to another session of polishing.
Tuesday, March 23, 2010
Intimate Thoughts
Autumn leaves
displayed their paintings
then gently set the canvas to earth
The curious picked them up
as if critics dissecting
natures rendition
The energy of colors
the world of the canvas
alive and exciting
Winters announcement chilled the air
dull and white colors
for the canvas
He could feel the change
His heart, once open
now dispirit
his mood most foul
his feelings, bland
with no substance
his world without love
displayed their paintings
then gently set the canvas to earth
The curious picked them up
as if critics dissecting
natures rendition
The energy of colors
the world of the canvas
alive and exciting
Winters announcement chilled the air
dull and white colors
for the canvas
He could feel the change
His heart, once open
now dispirit
his mood most foul
his feelings, bland
with no substance
his world without love
Fictional Fact
by Paul D. McInerny
It begins as a whisper, a rumor, a bit of gossip repeated in passing or out of maliciousness that if repeated often enough, takes on a life of its own. Similar to the game of Post Office, as the rumor is repeated, the contents of the original statement are changed or modified each time it is passed on. It can grow in proportion and soon be unrecognizable to its original form. Oblivious to substantiation, it gains legitimacy by mere repetition. Others with no personal knowledge will hear it and accept if for a truism. Although it maybe partially or completely fictional in content, it is accepted and believed as fact. Fictional Fact.
Impact on the Organization: No one should underestimate the influence or impact fictional fact can have on an organization. For example, rumors can run rampant during contract negotiations, prompting stories of a potential impasse and inaccurate information about what took place at the negotiation table. Morale can plummet as rumors circulate and employees become disgruntled, confused and angry. The public enjoys the concept of fictional fact when forming an opinion of an agency or its employees. Movies and television perpetuate fictional fact and the public’s belief and opinion about law enforcement, the medical field and attorneys.
Impact on the Individual: A consequence to fictional fact is the maiming of an individual’s reputation. In the work place, fictional fact replaces reality. The rumor of one sleeping their way to the top (or just with the common folk) often is accepted as a truth because it is more interesting than truth, more convenient to repeat than confirm, and justifies and reinforces ones negative preconceived notion of an individual. Fictional fact, like pollen, can also transcend and find its way outside the organization and that can have disastrous affects on the individual’s life outside of the work force. Fictional fact can leave an employee embarrassed and betrayed. One’s character is literally destroyed.
A Strong Resistance to Evidence: Another dilemma with fictional fact is that there is a strong resistance to any evidence to dispute the rumor (Michelson, 2000). Despite its lack of credibility, if repeated often enough it becomes believable. Employees fill in the unknown with their assumptions, and those assumptions become fictional fact. The introduction of evidence to dispute the rumor may be accepted, but the deliciousness and aftertaste of the rumor remain. After all, why let the truth stand in the way of a good story?
According to Samuel Greengard, “certain companies are more prone to gossip than others. Organizations that foster a chummy, cliquey environment--particularly where some employees feel like outsiders--can undermine relationships and productivity.“ Organizations where management and the unionized workforce have a bitter, adversarial relationship can find rumors and gossip flourishing. People tend to say nasty, despicable things behind each other’s back.
The prevention of Fictional Fact is everyone’s responsibility. Traditionally, everyone points the finger at someone else and justifies the repeating of a rumor as “I was only repeating what I was told.” If not addressed, the fictional fact not only results in personal pain but can also lead to employee turnover, conflict, low morale and lawsuits.
Botero says that organizations should deal with rumors promptly. The leadership should be direct but tactful. They should talk to the employees involved individually and in a group, listen to both sides of the issue, set up one-on-one meetings between the injured party and anyone involved in spreading the rumor, and schedule follow-up meetings for everyone involved. At smaller firms, she says it's wise to schedule a once-a-month employee meeting that allows everyone to talk about their concerns in the office. Larger companies should set up a hotline to allow employees to ask about or clarify rumors as soon as they hear them.
Greengard suggests the following as a means of reducing problems associated with office gossip:
• Keep employees informed. Employees must be kept apprised of goals and objectives of the organization and of their performance. Performance can be documented formally through the use of annual or bi-annual evaluations
• Help build a culture that's supportive rather than overly competitive. The worst gossip and mobbing problems often occur at organizations where the climb to the top is ruthless. HR can aid workers by instituting support systems, including counseling for those who instigate or wind up as the target of gossip. It's also important to educate senior management about the problem.
• Let workers and managers know that malicious personal gossip is not acceptable. Attacking other employees--whether out of boredom or dislike for an individual, or for political gain--can create severe tension, animosity, and organizational problems. It's also not fair to the victim. Employees should know how damaging it is to partake in gossip and mobbing.
• Deal with rumors immediately. Left unchecked, a rumor can quickly spiral out of control. It can quickly sap energy and productivity as workers spend time speculating about things rather than getting work done. When a problem arises, talk to employees individually and, if necessary, set up a meeting between the victim and those spreading the rumor.
• Confront chronic offenders. Those who spend an inordinate amount of time gossiping should know that the behavior is not acceptable. One way to deal with the issue is to address a perceived problem during an employee evaluation. However, it might also be necessary to sit an offender down and discuss the problem when it occurs.
Greengard, S. (2001). Workforce. Gossip Poisons Business. HR Can Stop It. Volume 80, Issue 7
Monday, March 22, 2010
The ADA Mafia: Legalized Extortion
by Paul D. McInerny
Is your business ADA compliant? Are you aware of the many regulations required of a business in order to be ADA compliant? Do you even know what ADA stands for? If not, then you are an easy target for a lawsuit.
There is a new mafia in town. Well, not really “new.” They came into existence in the early millennium and have been shaking down businesses all over California. Just like in the movies, they will discreetly stroll into a neighborhood business and look around. They won’t say much, if anything. They’ll look around, maybe check out the bathroom, take some photographs and then quietly leave. Another member of the mob will arrive a few days later, this time, to deliver a message. To borrow a phrase from the movie The Godfather, they will make you an offer you can’t refuse. To them, it’s nothing personal; it’s business. To the business owner, it is nothing more than a shakedown; extortion.
No doubt about it. These are tough economic times and analyst say it will get worse before it gets better. Almost everyone is cutting back, making sacrifices and trying to survive. People are becoming innovative in trying to earn and save a buck. During these difficult times, we see and hear examples of the goodness of man towards one another, but we also hear how some people take advantage of others.
The American’s with Disabilities Act (ADA)
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA) -- the world's first comprehensive civil rights law for people with disabilities. The American’s with Disabilities Act (ADA) was a milestone in the protection of disabled citizens. The comprehensive act included categories such as employment, public services, public transportation, public accomodations, communications and even a miscellaneous section to cover everything else. As a direct result of the ADA, there are strict guidelines and regulations set forth for businesses to adhere to.
Non compliance with ADA laws can have severe reprecussions for business owners. Identified violations cannot be ignored and business owners must correct any deficiencies. Typically, the complaint can be as minor as an improper disability sign. You know, the signs that let know your car can be towed away. Or the pipes under the bathroom sink were not padded, or that there wasn’t a marked pedestrian passage way in the parking lot. This is not to imply that these type of violations are insignificant and do not need to be corrected for the benefit of the disabled, but wouldn’t it be more practical in terms of time and money spent to first send a letter of notice citing the violations and allowing a set time period for the violations to be corrected? A pre-lawsuit notice would certainly give the business owner the opportunity to make the necessary corrections.
Unfortunately, there are folks out there who have chosen to make a living by actively seeking out ADA violations and then filing lawsuit after lawsuit. These lawsuits appear to be filed in order to collect money and not to address a perceived wrong. Are these lawsuits filed by social activist and crusaders with the best interest of everyone involved, who are taking on big businesses or corporations that thumb their collective noses at the disabled and the ADA? Or, are they opportunists hitting the local business down the street seeking monetary compensation by filing frivilous lawsuits with the expectation of settling out of court?
Opening the gates
A brief history of one event that opened the flood gates for ADA lawsuits. In 2004, a gentleman by the name of Jerry Doran drove to Disneyland. Doran, who is mobility-impaired and uses a wheelchair-accessible van to travel, stopped at a 7-Eleven store in Anaheim only to find that the store had no van-accessible parking. Its wheelchair ramp was too steep for him to ascend and a mat obstructed the entryway, making it impossible for a person in a wheelchair to enter the store.
Doran waited outside while his companions went into the store for him. When he returned from his trip, he sued for injunctive relief under Title III of the Americans with Disabilities Act (ADA) and for injunctive relief and monetary damages under California law. Doran's suit didn't just deal with the parking lot and the inaccessible ramp-instead Doran's lawyer asked the court to allow him to conduct a full inspection of the 7-Eleven store to identify other ADA violations that would have affected Doran if he'd been able to enter the store.
Our beloved 9th Circuit ruled not only that Doran and other ADA plaintiffs should be allowed to inspect sites for violations they did not encounter, but also that they could sue to remedy those violations (source: Inside Counsel, February 2008).
The Result
So, how bad would it get? One blind student from the University of California Berkeley decided to sue Target because the company Web site was hard or sometimes impossible for blind people to use. It claimed in the lawsuit that Target violated the Americans with Disabilities Act and some California state laws. The judge's ruling found that California state disability laws required commercial Web sites to allow handicapped persons to perform the same tasks as non handicapped patrons.
Susan McBride filed an ADA lawsuit against her employer, the Planning Department of Detroit, Michigan. She claimed that her work environment violated the Americans with Disabilities Act and wanted her employer to ban co-workers from wearing fragrances. She alleged that the city would not enforce a no-scent policy in the workplace to accommodate her disability.
The January 6, 2009, issue of The California Civil Justice Blog (the official blog of the California Civil Justice Association of California) reported the following:
Though serial plaintiff Jarek Molski was barred by a federal judge from future litigation in the seven-county Central District of California, businesses are not necessarily safe from shakedown lawsuits. Plenty of other plaintiffs are following his lead, filing hundreds of lawsuits against businesses under the Americans with Disabilities Act.
Attorney Thomas Mundy is one of these. He told the Los Angeles Times that he filed more than 150 lawsuits in 18 months demanding damages from small businesses.
But Mundy isn't the only attorney making his living from ADA suits. Lynn Hubbard III of Chico estimates he has filed 1,500 suits over the past decade, settling out of court 95% of the time. The Irvine law firm of Azimy-Nathan has filed at least 400 suits on behalf of six disabled clients over the past five years.
Orange County, California
In an article from the January 16, 2009, issue of the Orange County Register, it was reported that Noni Gotti, a San Diego resident, had filed 40 lawsuits against 111 other small businesses and landlords in the Santa Ana area from August 25 to October 8, 2008. In every case, Noni Gotti was the plaintiff and the San Diego law firm of Pinnock & Wakefield was her attorney.
Mr. Pinnock describes himself as an attorney who handles all kinds of civil and criminal cases and who reluctantly started handling cases for the disabled in 1994. He said disabled lawsuits account for 90 percent of his practice now. The Sacramento Bee said he has filed more than 2,000 such cases (source: Orange County Register). 2,000!
In 2005, Attorney Theodore Pinnock, demanded over $200,000 from just 67 historic small businesses in the small mountain community of Julian, California (savejulian.com).
Mr. Pinnock got the attention of U.S. District Judge Jeffrey T. Miller, and on March 23, 2007, the judge ordered Mr. Pinnock to pay more than $15,000.00 in fees and take four hours of legal ethics training through the state bar.
Undeterred, he warned people, “"If people think that the Mouet ruling will stop me, they are mistaken. Being born with severe cerebral palsy did not stop me. Being born poor and black did not stop me. Being in an institution for ten years did not stop me” (North County Times).
Approximately four months later, Mr. Pinnock was still going strong.
From the Surfwax Disabilities News:
ADA attorney targets Vista Village Jul 12, 2007
VISTA -- A San Diego attorney who has filed more than 1,200 lawsuits against businesses for allegedly violating disability access laws has targeted the owner of Vista Village, the city's showpiece shopping center, as well as three businesses there. Attorney Theodore Pinnock filed suit June 6 against Vista Village LLC, Lamppost Pizza, Venus Beauty Salon and JF Japanese Cafe on behalf of Diane Cross, a member of disabled-advocacy group Outerbridge Access Association (North County Times).
Mr. Pinnock stated, “The Lord chooses you for things you didn't plan," he said. "Now I love what I do. Now I'm very proud of the work I do."
Diane Cross
As of October 31, 2008, the State of California certified a group of inspectors to assist business owners evaluate accessibility for the disabled access. Diane Cross is not on the list, but that does not stop her from visiting restaurants or commercial businesses to assume the role of an inspector, as allowed by our 9th Circuit Court of Appeals. The difference between Diane Cross and an actual certified inspector is that Diane Cross will file a lawsuit asking monetary compensation for every violation she observes.
Diane Cross has been working with San Diego based attorney’s Michelle and David Wakefield, formally affiliated with Mr. Pinnock. According to Justia.com, Federal District Court Filings and Dockets, a Diane Cross with the Outerbridge Access Association, has filed lawsuits against businesses such as Home Depot, Joes Crab Shack, Ross Dress for Less, Sport Chalet, Fry’s Electronics, Mira Mesa Market Place East, Marie Calendar’s, Oceanside Baja Lobster, Lamp Post Pizza, Venus & Mars Beauty Supply, Wendy’s, Nordstrom’s, JC Penny, Garden Fresh Restaurant, Dollar Tree Stores and Michaels Arts and Crafts; all for violations of the Americans with Disabilities Act.
Records found in the Civil Case section of the Superior Court of Orange County, reveal that a Diane Cross filed at least five (5) civil rights cases in 2008 and four (4) in 2009. In each of the cases, Pinnock or the Wakefield’s are listed as attorneys.
Diane Cross is not alone. There are hundreds of ADA cases and news articles that have chronicled the likes of David Allen Gunther, Jarek Molski, Patricia A. McColm, Attorney Thomas Frankovich, and Roy Davis Gash (who, so far, has filed eight (8) ADA lawsuits this year in Orange County, California). In fact, in 2008, attorney’s Pinnock and Wakefield along with Mr. Roy Gash and Diane Cross worked together and sued the Harbor House Café in Dana Point, California for ADA Civil Rights violations.
Many businesses opt for a settlement instead of taking the issue to court. Movie star Clint Eastwood took his case to court, when in 1997, Diane zum Brunnen, who has multiple sclerosis and uses a wheelchair, sued the famous actor/director, claiming that Eastwood's Mission Ranch Inn in Carmel was inaccessible when she and her husband visited. She was asking for monetary damages and for the court to force Eastwood to make changes so the hotel would be more accessible to people with disabilities (source: Inclusion Dailey Express). Mr. Eastwood took her to court and lost.
A Viable Solution
Florida Congressman Mark Foley tried to get his ADA Notification Act into the U.S. House of Representatives, at least twice, without success. If enacted, the bill would have required a person with a disability, or that person's representative, to give a business or public entity a written explanation as to how it violated the accessibility provisions in the 1990 Americans with Disabilities Act. The business or public entity would then have up to 90 days to correct the violations before a lawsuit could be filed. To a reasonable person, this would appear to be a rather common sense compromise that would:
• help ease the court load regarding ADA lawsuits,
• allow the business owner ample time to make the needed corrections and be ADA compliant, and
• ensure that disabled individuals had access to the establishment.
A win-win situation for everyone involved, right? After all, these lawsuits are not supposed to be about money, but to get businesses to be ADA compliant.
In response to the proposed bill, the National Council on Independent Living (NCIL) issued a statement, arguing that, "We say; if there are problems with lawyers and their ethical practices, don't fix the problems by eroding the civil rights of people with disabilities!" What about problems with professional/serial/predatory plaintiffs and their ethical practices?
In addition, disability rights groups argued that if the bill passed, people with disabilities would have the unfair and unusual burden of enforcing the federal law. But isn’t that what is happening now? Professional/serial/predatory plaintiffs are now going from business to business “enforcing” the ADA laws through lawsuits and it certainly does not appear to be an “unusual burden” for these plaintiffs or their attorneys. In fact, it appears to be a very, very lucrative business. Remember Mr. Pinnock?
What became of the bill? Even with the high profile support of Mr. Clint Eastwood, the bill died a quiet death. If someone as well known and with far more resources as Mr. Eastwood cannot convince the legislature, then what chance does the average neighborhood business owner have against these lawsuits? And so they settle out of court and the professional/serial/predatory plaintiff’s move on to their next victim.
The Long Beach Area Chamber of Commerce apparently had enough of the professional/serial/predatory plaintiffs. In 2008, they supported Senate Bill 1608, a piece of legislation that would help educate businesses on ADA regulations. Portions of SB 1608's provisions went into effect January 1, 2009, while implementation of other provisions will be delayed until July 1, 2009. The Chamber is also encouraging the state to “draft legislation which would give businesses time to correct the ADA violations before any lawsuit could begin” (The Advocate, Fall 2008).
Fight or Settle
Mediators and attorneys frequently stress the expense of litigation as the primary reason to settle a lawsuit. Many defendants feel their decision to settle is made while staring down the barrel of a gun (Settle it Now, November 2008). The business owners see an injustice and feel they are being extorted. When they consult an attorney, they are met with an explanation of what would be best for the business and how to settle the lawsuit. Not oppose the lawsuit – settle the lawsuit.
In fact, the ADAlawsuits.com web site states: Short of a legislative fix, we believe that the best solution to this problem is to quickly route defendants to the attorneys who can conclude their cases as inexpensively as possible, and we believe those will normally be the attorneys who have opposed the plaintiffs suing them more than any other(s).
In other words, settle out of court. It will still cost the business owner money, but is far less expansive than fighting in court. For serial plaintiffs and lawyers, it is a guaranteed source of income.
People suing businesses for ADA violations even though they suffered no physical injury or actual discrimination: How is this possible? California has what is called the Unruh Civil Rights Act, which provides a minimum “statutory penalty of $4,000 for any accessibility violation”. Many plaintiffs' lawyers--and more disturbingly, a increasing number of professional/serial/predatory plaintiffs earn a living by suing for recoveries from multiple businesses that have easy-to-identify technical violations of the act, such as missing signs identifying reserved parking (source: Inside Counsel, February 2008).
David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, says a small group of opportunists and select law firms are responsible for a huge percentage of the lawsuits. "Opportunists see this as a great way to make $12,000 a day or more just by eating out," says Peters. "Easy money with the help of the courts is bound to attract opportunists" (source: Time.com, 12/29/08).
"California may be the worst in the country," says Peters, citing several factors for potential abuse, chief among them two California statutes that provide $1,000 or $4,000 in minimum damages, plus attorney fees, per each successful claimant. Many claimants multiply these damage amounts by the number of conditions they observe at a property. “This frequently results in $50,000 or more in damage demands,” says Peters. Some serial claimants will file for damages against dozens of businesses they say they have visited on the same day or for repeated visits to an establishment (Alison Stateman / Los Angeles Monday, Dec. 29, 2008).
It could get much worse. The ADA Amendments Act, which went into effect January 1, 2009, adopted a broader definition to whether someone could be considered disabled. Under the new definition, someone can be considered disabled if he or she has insomnia, stutters when speaking, suffers from dyslexia, or even has attention deficit disorder (Legal Alert for Supervisors, 11/1/2008).
According to the Inside Counsel, such a litigation industry isn't possible in most other states because the ADA does not allow private plaintiffs to sue for money damages. And in Florida, which also provides a statutory penalty for accessibility violations, the courts have curbed the trend of serial litigation by limiting the right of plaintiffs to sue for violations they did not personally experience.
In addition to following the law, being ADA compliant is good business. It ensures that all potential customers have access to your business and facilities. Many business owners may not be aware of an ADA violation on their premises and would welcome the opportunity to rectify the problem. The hard reality of ADA is that it is virtually impossible to be 100% compliant, and without a common sense approach to resolution that would benefit everyone, the professional/serial/predatory plaintiffs and their attorneys will continue to troll the communities and file lawsuit after lawsuit. The motivation of the professional/serial/predatory plaintiffs is not to right a wrong. They are motivated by pure greed.
by Paul D. McInerny
Is your business ADA compliant? Are you aware of the many regulations required of a business in order to be ADA compliant? Do you even know what ADA stands for? If not, then you are an easy target for a lawsuit.
There is a new mafia in town. Well, not really “new.” They came into existence in the early millennium and have been shaking down businesses all over California. Just like in the movies, they will discreetly stroll into a neighborhood business and look around. They won’t say much, if anything. They’ll look around, maybe check out the bathroom, take some photographs and then quietly leave. Another member of the mob will arrive a few days later, this time, to deliver a message. To borrow a phrase from the movie The Godfather, they will make you an offer you can’t refuse. To them, it’s nothing personal; it’s business. To the business owner, it is nothing more than a shakedown; extortion.
No doubt about it. These are tough economic times and analyst say it will get worse before it gets better. Almost everyone is cutting back, making sacrifices and trying to survive. People are becoming innovative in trying to earn and save a buck. During these difficult times, we see and hear examples of the goodness of man towards one another, but we also hear how some people take advantage of others.
The American’s with Disabilities Act (ADA)
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA) -- the world's first comprehensive civil rights law for people with disabilities. The American’s with Disabilities Act (ADA) was a milestone in the protection of disabled citizens. The comprehensive act included categories such as employment, public services, public transportation, public accomodations, communications and even a miscellaneous section to cover everything else. As a direct result of the ADA, there are strict guidelines and regulations set forth for businesses to adhere to.
Non compliance with ADA laws can have severe reprecussions for business owners. Identified violations cannot be ignored and business owners must correct any deficiencies. Typically, the complaint can be as minor as an improper disability sign. You know, the signs that let know your car can be towed away. Or the pipes under the bathroom sink were not padded, or that there wasn’t a marked pedestrian passage way in the parking lot. This is not to imply that these type of violations are insignificant and do not need to be corrected for the benefit of the disabled, but wouldn’t it be more practical in terms of time and money spent to first send a letter of notice citing the violations and allowing a set time period for the violations to be corrected? A pre-lawsuit notice would certainly give the business owner the opportunity to make the necessary corrections.
Unfortunately, there are folks out there who have chosen to make a living by actively seeking out ADA violations and then filing lawsuit after lawsuit. These lawsuits appear to be filed in order to collect money and not to address a perceived wrong. Are these lawsuits filed by social activist and crusaders with the best interest of everyone involved, who are taking on big businesses or corporations that thumb their collective noses at the disabled and the ADA? Or, are they opportunists hitting the local business down the street seeking monetary compensation by filing frivilous lawsuits with the expectation of settling out of court?
Opening the gates
A brief history of one event that opened the flood gates for ADA lawsuits. In 2004, a gentleman by the name of Jerry Doran drove to Disneyland. Doran, who is mobility-impaired and uses a wheelchair-accessible van to travel, stopped at a 7-Eleven store in Anaheim only to find that the store had no van-accessible parking. Its wheelchair ramp was too steep for him to ascend and a mat obstructed the entryway, making it impossible for a person in a wheelchair to enter the store.
Doran waited outside while his companions went into the store for him. When he returned from his trip, he sued for injunctive relief under Title III of the Americans with Disabilities Act (ADA) and for injunctive relief and monetary damages under California law. Doran's suit didn't just deal with the parking lot and the inaccessible ramp-instead Doran's lawyer asked the court to allow him to conduct a full inspection of the 7-Eleven store to identify other ADA violations that would have affected Doran if he'd been able to enter the store.
Our beloved 9th Circuit ruled not only that Doran and other ADA plaintiffs should be allowed to inspect sites for violations they did not encounter, but also that they could sue to remedy those violations (source: Inside Counsel, February 2008).
The Result
So, how bad would it get? One blind student from the University of California Berkeley decided to sue Target because the company Web site was hard or sometimes impossible for blind people to use. It claimed in the lawsuit that Target violated the Americans with Disabilities Act and some California state laws. The judge's ruling found that California state disability laws required commercial Web sites to allow handicapped persons to perform the same tasks as non handicapped patrons.
Susan McBride filed an ADA lawsuit against her employer, the Planning Department of Detroit, Michigan. She claimed that her work environment violated the Americans with Disabilities Act and wanted her employer to ban co-workers from wearing fragrances. She alleged that the city would not enforce a no-scent policy in the workplace to accommodate her disability.
The January 6, 2009, issue of The California Civil Justice Blog (the official blog of the California Civil Justice Association of California) reported the following:
Though serial plaintiff Jarek Molski was barred by a federal judge from future litigation in the seven-county Central District of California, businesses are not necessarily safe from shakedown lawsuits. Plenty of other plaintiffs are following his lead, filing hundreds of lawsuits against businesses under the Americans with Disabilities Act.
Attorney Thomas Mundy is one of these. He told the Los Angeles Times that he filed more than 150 lawsuits in 18 months demanding damages from small businesses.
But Mundy isn't the only attorney making his living from ADA suits. Lynn Hubbard III of Chico estimates he has filed 1,500 suits over the past decade, settling out of court 95% of the time. The Irvine law firm of Azimy-Nathan has filed at least 400 suits on behalf of six disabled clients over the past five years.
Orange County, California
In an article from the January 16, 2009, issue of the Orange County Register, it was reported that Noni Gotti, a San Diego resident, had filed 40 lawsuits against 111 other small businesses and landlords in the Santa Ana area from August 25 to October 8, 2008. In every case, Noni Gotti was the plaintiff and the San Diego law firm of Pinnock & Wakefield was her attorney.
Mr. Pinnock describes himself as an attorney who handles all kinds of civil and criminal cases and who reluctantly started handling cases for the disabled in 1994. He said disabled lawsuits account for 90 percent of his practice now. The Sacramento Bee said he has filed more than 2,000 such cases (source: Orange County Register). 2,000!
In 2005, Attorney Theodore Pinnock, demanded over $200,000 from just 67 historic small businesses in the small mountain community of Julian, California (savejulian.com).
Mr. Pinnock got the attention of U.S. District Judge Jeffrey T. Miller, and on March 23, 2007, the judge ordered Mr. Pinnock to pay more than $15,000.00 in fees and take four hours of legal ethics training through the state bar.
Undeterred, he warned people, “"If people think that the Mouet ruling will stop me, they are mistaken. Being born with severe cerebral palsy did not stop me. Being born poor and black did not stop me. Being in an institution for ten years did not stop me” (North County Times).
Approximately four months later, Mr. Pinnock was still going strong.
From the Surfwax Disabilities News:
ADA attorney targets Vista Village Jul 12, 2007
VISTA -- A San Diego attorney who has filed more than 1,200 lawsuits against businesses for allegedly violating disability access laws has targeted the owner of Vista Village, the city's showpiece shopping center, as well as three businesses there. Attorney Theodore Pinnock filed suit June 6 against Vista Village LLC, Lamppost Pizza, Venus Beauty Salon and JF Japanese Cafe on behalf of Diane Cross, a member of disabled-advocacy group Outerbridge Access Association (North County Times).
Mr. Pinnock stated, “The Lord chooses you for things you didn't plan," he said. "Now I love what I do. Now I'm very proud of the work I do."
Diane Cross
As of October 31, 2008, the State of California certified a group of inspectors to assist business owners evaluate accessibility for the disabled access. Diane Cross is not on the list, but that does not stop her from visiting restaurants or commercial businesses to assume the role of an inspector, as allowed by our 9th Circuit Court of Appeals. The difference between Diane Cross and an actual certified inspector is that Diane Cross will file a lawsuit asking monetary compensation for every violation she observes.
Diane Cross has been working with San Diego based attorney’s Michelle and David Wakefield, formally affiliated with Mr. Pinnock. According to Justia.com, Federal District Court Filings and Dockets, a Diane Cross with the Outerbridge Access Association, has filed lawsuits against businesses such as Home Depot, Joes Crab Shack, Ross Dress for Less, Sport Chalet, Fry’s Electronics, Mira Mesa Market Place East, Marie Calendar’s, Oceanside Baja Lobster, Lamp Post Pizza, Venus & Mars Beauty Supply, Wendy’s, Nordstrom’s, JC Penny, Garden Fresh Restaurant, Dollar Tree Stores and Michaels Arts and Crafts; all for violations of the Americans with Disabilities Act.
Records found in the Civil Case section of the Superior Court of Orange County, reveal that a Diane Cross filed at least five (5) civil rights cases in 2008 and four (4) in 2009. In each of the cases, Pinnock or the Wakefield’s are listed as attorneys.
Diane Cross is not alone. There are hundreds of ADA cases and news articles that have chronicled the likes of David Allen Gunther, Jarek Molski, Patricia A. McColm, Attorney Thomas Frankovich, and Roy Davis Gash (who, so far, has filed eight (8) ADA lawsuits this year in Orange County, California). In fact, in 2008, attorney’s Pinnock and Wakefield along with Mr. Roy Gash and Diane Cross worked together and sued the Harbor House Café in Dana Point, California for ADA Civil Rights violations.
Many businesses opt for a settlement instead of taking the issue to court. Movie star Clint Eastwood took his case to court, when in 1997, Diane zum Brunnen, who has multiple sclerosis and uses a wheelchair, sued the famous actor/director, claiming that Eastwood's Mission Ranch Inn in Carmel was inaccessible when she and her husband visited. She was asking for monetary damages and for the court to force Eastwood to make changes so the hotel would be more accessible to people with disabilities (source: Inclusion Dailey Express). Mr. Eastwood took her to court and lost.
A Viable Solution
Florida Congressman Mark Foley tried to get his ADA Notification Act into the U.S. House of Representatives, at least twice, without success. If enacted, the bill would have required a person with a disability, or that person's representative, to give a business or public entity a written explanation as to how it violated the accessibility provisions in the 1990 Americans with Disabilities Act. The business or public entity would then have up to 90 days to correct the violations before a lawsuit could be filed. To a reasonable person, this would appear to be a rather common sense compromise that would:
• help ease the court load regarding ADA lawsuits,
• allow the business owner ample time to make the needed corrections and be ADA compliant, and
• ensure that disabled individuals had access to the establishment.
A win-win situation for everyone involved, right? After all, these lawsuits are not supposed to be about money, but to get businesses to be ADA compliant.
In response to the proposed bill, the National Council on Independent Living (NCIL) issued a statement, arguing that, "We say; if there are problems with lawyers and their ethical practices, don't fix the problems by eroding the civil rights of people with disabilities!" What about problems with professional/serial/predatory plaintiffs and their ethical practices?
In addition, disability rights groups argued that if the bill passed, people with disabilities would have the unfair and unusual burden of enforcing the federal law. But isn’t that what is happening now? Professional/serial/predatory plaintiffs are now going from business to business “enforcing” the ADA laws through lawsuits and it certainly does not appear to be an “unusual burden” for these plaintiffs or their attorneys. In fact, it appears to be a very, very lucrative business. Remember Mr. Pinnock?
What became of the bill? Even with the high profile support of Mr. Clint Eastwood, the bill died a quiet death. If someone as well known and with far more resources as Mr. Eastwood cannot convince the legislature, then what chance does the average neighborhood business owner have against these lawsuits? And so they settle out of court and the professional/serial/predatory plaintiff’s move on to their next victim.
The Long Beach Area Chamber of Commerce apparently had enough of the professional/serial/predatory plaintiffs. In 2008, they supported Senate Bill 1608, a piece of legislation that would help educate businesses on ADA regulations. Portions of SB 1608's provisions went into effect January 1, 2009, while implementation of other provisions will be delayed until July 1, 2009. The Chamber is also encouraging the state to “draft legislation which would give businesses time to correct the ADA violations before any lawsuit could begin” (The Advocate, Fall 2008).
Fight or Settle
Mediators and attorneys frequently stress the expense of litigation as the primary reason to settle a lawsuit. Many defendants feel their decision to settle is made while staring down the barrel of a gun (Settle it Now, November 2008). The business owners see an injustice and feel they are being extorted. When they consult an attorney, they are met with an explanation of what would be best for the business and how to settle the lawsuit. Not oppose the lawsuit – settle the lawsuit.
In fact, the ADAlawsuits.com web site states: Short of a legislative fix, we believe that the best solution to this problem is to quickly route defendants to the attorneys who can conclude their cases as inexpensively as possible, and we believe those will normally be the attorneys who have opposed the plaintiffs suing them more than any other(s).
In other words, settle out of court. It will still cost the business owner money, but is far less expansive than fighting in court. For serial plaintiffs and lawyers, it is a guaranteed source of income.
People suing businesses for ADA violations even though they suffered no physical injury or actual discrimination: How is this possible? California has what is called the Unruh Civil Rights Act, which provides a minimum “statutory penalty of $4,000 for any accessibility violation”. Many plaintiffs' lawyers--and more disturbingly, a increasing number of professional/serial/predatory plaintiffs earn a living by suing for recoveries from multiple businesses that have easy-to-identify technical violations of the act, such as missing signs identifying reserved parking (source: Inside Counsel, February 2008).
David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, says a small group of opportunists and select law firms are responsible for a huge percentage of the lawsuits. "Opportunists see this as a great way to make $12,000 a day or more just by eating out," says Peters. "Easy money with the help of the courts is bound to attract opportunists" (source: Time.com, 12/29/08).
"California may be the worst in the country," says Peters, citing several factors for potential abuse, chief among them two California statutes that provide $1,000 or $4,000 in minimum damages, plus attorney fees, per each successful claimant. Many claimants multiply these damage amounts by the number of conditions they observe at a property. “This frequently results in $50,000 or more in damage demands,” says Peters. Some serial claimants will file for damages against dozens of businesses they say they have visited on the same day or for repeated visits to an establishment (Alison Stateman / Los Angeles Monday, Dec. 29, 2008).
It could get much worse. The ADA Amendments Act, which went into effect January 1, 2009, adopted a broader definition to whether someone could be considered disabled. Under the new definition, someone can be considered disabled if he or she has insomnia, stutters when speaking, suffers from dyslexia, or even has attention deficit disorder (Legal Alert for Supervisors, 11/1/2008).
According to the Inside Counsel, such a litigation industry isn't possible in most other states because the ADA does not allow private plaintiffs to sue for money damages. And in Florida, which also provides a statutory penalty for accessibility violations, the courts have curbed the trend of serial litigation by limiting the right of plaintiffs to sue for violations they did not personally experience.
In addition to following the law, being ADA compliant is good business. It ensures that all potential customers have access to your business and facilities. Many business owners may not be aware of an ADA violation on their premises and would welcome the opportunity to rectify the problem. The hard reality of ADA is that it is virtually impossible to be 100% compliant, and without a common sense approach to resolution that would benefit everyone, the professional/serial/predatory plaintiffs and their attorneys will continue to troll the communities and file lawsuit after lawsuit. The motivation of the professional/serial/predatory plaintiffs is not to right a wrong. They are motivated by pure greed.
Butch Greaser and the Hoods
Back row: Fingers Fox, Sweet Lips
Front row: Rocky, Dirty Dick, Baby Paul
*For local historian's, Finger's Fox graduated from Benilde HS, while Sweet Lips, Rocky, Dirty Dick and Baby Paul are alumni from Richfield Senior HS.
* * * *
Butch Greaser & The Hoods
by Paul D. McInerny
Latest Update: 12/2/2023
"How'd that happen? You ask four guys, you get four different versions." Jersey Boys
Butch Greaser and the Hoods was a 50's band from Minneapolis, Minnesota that came into prominence in the early 1970's. The band specialized in music from the 1950's, perhaps taking their inspiration from the group, Sha Na Na who appeared at Woodstock in 1969.
With the passage of time and fading memories, each member of any band will have their own version of what occurred during that period. The tales and stories of this band are no different. I had the honor of being one of them - an original member of Butch Greaser and the Hoods.
This is my version.
While still a student at Assumption Catholic School, I taught myself how to play the guitar and eventually was part of a band in high school called, The Herdsman. Upon graduating from high school in 1969, I enlisted in the US Army and served with the 141stSignal Battalion, 1st Armor Division, the 501st Military Police Company, 1st Armor Division and the 545th Military Police Company, 1st Cavalry Division until I was honorably discharged as a sergeant in 1972.
The Friar's Dinner Theater
724 Fourth Ave. So.
Minneapolis, Minnesota
Fingers Fox (Kevin Fox)
I returned to Minnesota and hooked up with my very good friend, Kevin Fox who told me he was playing in a band in downtown Minneapolis at the Friar's Dinner theater. He insisted I come down and watch them play. The name of the band? Jay and the Reefers and they were rocking out on music from the 50's. They were playing in the basement of the Friar's Dinner Theater and seemed to be enjoying themselves with the music of Elvis, The Big Bopper, Clyde McPhatter, Dion and the Belmont's, etc.
Butch Greaser (Jay Totino)
While we performed in the basement of the theater, the main dining area upstairs hosted plays, featuring prominent stars of the day. Alan Sues, Gary Conrad, Imogene Coca to name a few. Unfortunately, our music from downstairs and the raucous crowd noise made its way into the dinner theater, causing consternation among the performers and members of the audience. Frequently throughout the night, management would make their way downstairs to tell us to turn our music down. We would, of course, lower the volume on our amps, but informed our audience that they were having too much fun and making too much noise for the folks upstairs. Consequently, the audience became even more boisterous as the night went on.
When the play upstairs concluded, we noticed quite a few of the people in attendance made their way downstairs to see what all the noise was about. The stairs were off to the right of the stage and we could see couples in suits and dresses meekly making their way as if they feared for their safety. We acknowledged them with insults and barbs, but invited them to come in and join the party. As a result, our audience base grew to capacity crowds.
Sweet Lips (Craig Blubaugh)
When we first moved upstairs, the band consisted of Butch Greaser (Jay Totino) - Lead vocals; Fingers Fox (Kevin Fox) - piano, vocals; Sweet Lips (Craig Blubaugh) - drums, vocals; Slippery Smith (Kevin Smith) - lead guitar, vocals; Baby Paul (Paul McInerny) - rhythm guitar, vocals and Miguelito Loveless (Bill Kephart) - base guitar, piano, vocals.
The Friar's Dinner Theater 9th Street & 4th Ave., Minneapolis, Minnesota (circa 1973)
Left to right: Baby Paul, Fingers Fox (seated), Butch Greaser, Miguelito Loveless, Sweet Lips and
Slippery Smith
Baby Paul (Paul McInerny)
As bands sometimes do, we experienced a change of line up as time went on. Eventually Jay, Kevin Smith and Bill left the band to pursue other musical interests and the Pacholke brothers, Dick and Randy (Richfield Alumni) filled in perfectly. Randy on bass, drums, vocals and while Dick was on lead guitar, vocals and composing. Dick, by the way, was a former member of The Crestmen, another local Twin Cities band. While we kept the name, we no longer had a front man or a Butch Greaser.
Butch Greaser and the Hoods played at other venues; private parties, weddings, church groups(!). We were fortunate enough to land a second gig that provided a great deal of job security. We held a contract with the Burnsville Bowl in Minnesota and played on the off nights of a well known band called the Delcounts. The Delcounts, by the way, are still performing.
We frequently performed at Brook's Ballroom, previously known as Schlief's Little City. My memory is faulty at times, but I believe the owner/manager was Jim Brooks? He was a real gentleman and receptive to contract negotiations. It was at this time I upgraded to a Harley-Davidson Superglide and decided to try it on the entrance to the song, Teen Angel. The stage was quite high and did not have an on/off ramp, so the plan was to ride in and stop in front of the stage. The dance floor was polished and waxed maple wood, and I rode in, slipping and sliding, but safely made it. It scared the pants off me and I never used the motorcycle entrance again.
Our performance was a little more on the PG-13 side and while we did not experience any repercussions from politicians while performing in downtown Minneapolis, the mayor of Burnsville was not pleased with our dialogue and our occasional use of go-go dancers. He gave an interview in the local paper and said Butch Greaser and the Hoods should not be allowed to perform in Burnsville because of the content of their performance. Mostly, our content consisted of crude jokes and innuendo's that one would associate with a bunch of hoodlums from the 50's.
Dirty Dick (Dick Pacholke)
Eventually I left the band and moved to California to pursue a career in Law Enforcement. After another year or two of successful performances, the band dissolved, and the members went their separate ways and had successful careers, became husbands, fathers and grandfathers.
Baby Paul, Butch Greaser, Rocky (Randy Packholke)
Rocky, Baby Paul, Dirty Dick
Fingers Fox
Fingers Fox, Baby Paul, Rocky
Baby Paul, Rocky, Sweet Lips, Dirty Dick
Sweet Lips, Rocky, Dirty Dick, Fingers Fox, Baby Paul
Fingers Fox, Baby Paul
Sweet Lips, Rocky
Where are they now?
Butch Greaser (Jay Totino):
The multi-talented Jay Totino left Butch Greaser and the Hoods but remained very much in the music scene. He transitioned over to another 50’s band, Teen King and the Princes, and commenced to a life on the road. Teen King and the Princes was the warm-up band for Three Dog Night on three different occasions.
Another talented singer by the name of Jody asked Jay to join forces and start a new group called, appropriately, Jay & Jody. From 1974-77, Jody & Jay traveled through 15 states, 6 provinces of Canada, and a month-long tour of northern England.
In late 1977, Jody left the group, but Jay and his fellow band members stayed together and renamed themselves, Taxi and performed from 1978-82. From 1983-86, Jay performed with the Cascades Band. From 1987-91, the same members (minus one) became The Beats.
Jay says he finally got a regular job in 1988 with the Musicland Group and eventually with Medtronic (1997-2017) but continued to perform 3 to 4 nights a week. Then came the bands Hi-jinx (1992-2001) and Stranger (2001- 2011) when he and his bandmates finally said their final goodnight.
Jay married in 1978 and has two beautiful daughters and five grandchildren! He retired from Medtronic in 2017 and is enjoying his retirement and being close to his family.
Sweet Lips (Craig Blubaugh):
Craig became a police officer/firefighter with the City of Burnsville, Minnesota, At the time, Public Safety personnel divided their assignments as police officers and firefighters. When the city decided to separate the two assignments into their own departments, Craig chose to become a firefighter and served the City of Burnsville until his retirement as a Captain.
(http://burnsvillehistory.org/cpg/albums/userpics/10003/Craig_Blubaugh_retires_2001.pdf)
Fingers Fox (Kevin Fox):
Fingers Fox (Kevin Fox):
Kevin is a Recreation/Music Therapist working with geriatric Alzheimer's residents in various assisted living campuses. A man of incredible talent, he has made a living for the past 37 years playing piano, guitar, ukulele, banjo and mandolin
Rocky (Randy Pacholke) - Veteran of the United States Army 1970-1973
Rocky (Randy Pacholke) - Veteran of the United States Army 1970-1973
After a year of studies at Mankato State College, Randy joined the US Army, assigned as a turbine engine mechanic and later a technical engine inspector, serving 11 months in Da Nang, Vietnam. Retired after spending 52 years in the lumber industry, Randy enjoys his summer retreat in the Wisconsin Dells and trips to Florida during the Minnesota winters. Randy is happily married, a proud father and grandfather and resides in Minnesota.
Dirty Dick (Dick Pacholke):
Dirty Dick (Dick Pacholke):
After Butch Greaser, Dick worked at MTS Systems where he joined the Technical Communications department as a Sr. Technical Writer. After several years, he was promoted to Manager of the Infrastructure and Civil Engineering Tech Writing Group. When Company politics became burdensome, he moved to a Sr. Tech Writer/Technology Analyst position and finally retired in September, 2020. Dick is happily married, retired, still riding Harley's and resides in Minnesota.
Miguelito Loveless (Bill Kephart) - Veteran of the United States Air Force 1968-1972:
After graduating from high school, Bill enlisted in the Air Force, where he received training as an Air Traffic Controller. After his Honorable Discharge, Bill returned to Minneapolis and joined Butch Greaser and the Hoods as a bass/keyboard player. From being a Hood, Bill became a Prince with Teen King and the Princes as the keyboard player. Many people do not know this, but Bill also toured with Three Dog Night! After leaving the music scene, Bill became an Air Traffic Controller and retired in 2000. He currently resides in White, South Dakota.
Slippery Smith (Kevin Carlson-Smith):
Slippery Smith (Kevin Carlson-Smith):
Kevin is still active in music and in his own words, "blessed and honored to perform with Christian music icon Mac Powell from Third Day in 2012. I gave my life to Christ in 2010 and am happily married to my wife Laura and we love our dog, Milo. I will turn 67 years young this August."
Baby Paul (Paul McInerny) - Veteran of the United States Army 1969-1972:
Baby Paul (Paul McInerny) - Veteran of the United States Army 1969-1972:
Shortly after leaving BG&TH's, Paul and good "Screaming Jim" Miller, loaded what they could carry on their HD motorcycles and headed west. Paul ended up in Orange County, California, but in 1975-76 he returned to Minnesota for a few months to record some personal songs he composed. He was honored and humbled to have members of the Del Counts (Tom, Mike, Chris and Jan) as studio musicians and singers on the album. Paul became a Police Officer in Orange County, and retired as a sergeant after nearly 30 years of service. Enjoying retirement, Paul loves traveling, meeting people and making new friends. He keeps in touch with Tom Holt (drummer for the Del Counts) and Randy & Dick Pacholke (Rocky & Dirty Dick). He still has the 1972 era Gibson ES335TD guitar he used while performing with Butch Greaser and the Hoods.
This article appears in the Museum of Minnesota Music (Face Book), courtesy of the Administrator, John Kass.
If any readers or former band members have articles or photos you would like to submit for consideration into this article, please email me at paulm5545@sbcglobal.net.
Thank you!
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