The Justice & Diversity Center is thrilled to spotlight a client with the Federal Pro Bono Project who was able to obtain legal representation to address an ADA lawsuit.
Roger is a disabled veteran of Middle Eastern descent living in San Leandro. During the pandemic, he was targeted by a San Diego firm for alleged ADA violations in connection to one of his restaurants; however, the volunteer attorneys of the Federal Pro Bono Project were successfully able to assist Roger in the matter. Roger’s Mediterranean was a popular restaurant in the Bay Area with outside tables, ramps, and an accessible restroom. The San Diego firm sent a photographer to canvas businesses in the area, what would later be uncovered is that this firm had a history of targeting small businesses every 7 – 9 years for ADA compliance. This time around, the firm sued more than a thousand businesses in the Bay Area.
Initially, Roger had come to the conclusion that he would be unable to find legal representation. They started looking for veteran legal help and were eventually connected to the Federal Pro Bono Project, which provides advice to pro se civil litigants in the U.S. District Court for the Northern District of California and facilitates placement of civil cases with pro bono attorneys.
Roger described his experience with his two pro bono attorneys from Duane Morris as “perfect.” They were in contact with him on a weekly, sometimes daily, basis, making sure they were getting everything together for trial. The case did not end up going to trial, as Roger had to close all of his restaurants because of the pandemic and the lawsuit. Roger asked his lawyers to explain his situation to the opposing party, and the San Diego firm dropped the suit.
A common misconception is that business owners are always able to afford representation. Roger explained how this belief is wrong; being that most restaurants are small businesses that struggle and survive off of loans, especially in a state like California.
Ultimately, Roger is grateful for the legal representation he received: had he been alone, he would have likely accepted the scam. “I was not going to do anything. I was going to accept the scam even though I wanted to keep going. It’s not only COVID. Half of our closure was about that case. When I read about the scam and asked many lawyers about it, they told me, whatever you do, even if you’re in compliance, they are going to get you with $50,000 or $40,000. How was I going to get this money? So [the pro bono] was a big help.” As a veteran who has sacrificed everything for their country, Roger explained he was in disbelief at how the system was being used. Although his restaurants closed, Roger is grateful for the Federal Pro Bono Project’s assistance.
To encourage members of the Bar Association to volunteer, Roger would like to let people know that volunteering for this project can prove to be beneficial. Word of mouth is a powerful thing; Roger has told members of his community about the volunteers he worked with, and their firm. Roger also stated that he believes someone at the start of their career would benefit from the experience of a case like his.
Click here if you are interested in learning more about the Federal Pro Bono Project. If you are interested in volunteering, please fill out an application or email us at probono@sfbar.org.
