Molski V Mandarin Touch Case Study

Case Study #3

MOLSKI v. MANDARIN TOUCH RESTAURANT

Submitted to

Dr. Graham Bowcher – Instructor

In Partial Fulfillment for the Requirements of

HRMA 3358 – Hospitality Law

Fall Semester 2014

Conrad N. Hilton college of Hotel and Restaurant Management

San Antonio

University of Houston

By

Generoso Alvarez

October 22, 2014

Case Study 3: Molski v. Mandarin Touch Restaurant

Case Background

Mr. Molski is a paraplegic confined to a wheelchair since the motorcycle accident that left paralyzed at a young age. There has been hundreds of lawsuits throughout California from Mr. Molski against inaccessible public accommodations. This action gives Molski an activist approach who uses litigation to force compliance with the ADA (Americans with Disability Act). On the other side of the bar, California businesses and a federal court, consider him a troublesome litigant who exploits the ADA and state law for monetary gain.

Plaintiff Jarek Molski since 1998 has filed more than 400 federal lawsuits alleging violations of the Americans with Disabilities Act (ADA), the large majority filed since 2001.

The Issues

On December 9, 2004, this court issued an order declaring Jarek Molski a vexatious litigant and requiring him to obtain leave of court before filing any further ADA claims in the district court. Furthermore, the court issued additional orders to show cause to the Plaintiffs and attorneys in this case, as well as the Plaintiffs and attorneys in the case of Jankey v. Yang Chow Restaurant.

Further, the court ordered Disability Rights Enforcement Education Services (DREES), and the Frankovich Group, attorneys of Plaintiffs, to show cause on why the Court should not require them to seek leave of court before filling a complaint alleging violations of the Americans with Disabilities Act (ADA). Additionally, the Court ordered DREES to show why they should not dismiss for a lack of standing [the right to...