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Frivolous-lawsuit fighter wonders about handicap sign damage

Post recently bent twice…yeah, likely random vandalism

(photo by David DeRobertis)
(photo by David DeRobertis)

Days after Ann Kinner's October 7 online posting of a video — in which she spoke about being sued twice over wheelchair access at Seabreeze Nautical Books and Charts at 1254 Scott Street — the handicap parking sign in front of her business was damaged for the second time.

Seabreeze is protected within Point Loma's historical district, and Kinner says judges from both state and federal courts ruled in the mid-2000s that her business didn’t have to provide wheelchair access. The owner of the building, however, decided to ask the city for a handicap parking space after the first lawsuit, and in 2006 the city installed a space and sign.

About two months ago, someone's car struck the sign, bending it slightly. But the most recent incident created a safety issue, Kinner said.

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“Last week someone bent it completely to the ground. Now it’s a hazard, and down where you wouldn’t see it,” Kinner said. The sign had remained undamaged for at least seven years, and she believes the damage was vandalism but said she doubts it had anything to do with her associations.

Kinner is the vice chair of the National Federation of Independent Business, and since 2008 has been active in advocating against abusive lawsuits. Although she won what she calls “drive-by ADA lawsuits,” where two attorneys sued on behalf of disabled individuals, it cost her $10,000 in attorney fees.

“None of the people who complained had even been into the store,” she said.

Kinner is also affiliated with Citizens Against Lawsuit Abuse (CALA) and was asked to tell her video story for the October campaign that recognizes Lawsuit Abuse Awareness Week.

Maryann Marino, a director with CALA, said that the organization has shone the spotlight on people who have been victims of unwarranted lawsuits where, for example, they were sued because a mirror was too high or a toilet too low.

“Those are the kind of unwarranted lawsuits that can wipe out a business,” Marino said.

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(photo by David DeRobertis)
(photo by David DeRobertis)

Days after Ann Kinner's October 7 online posting of a video — in which she spoke about being sued twice over wheelchair access at Seabreeze Nautical Books and Charts at 1254 Scott Street — the handicap parking sign in front of her business was damaged for the second time.

Seabreeze is protected within Point Loma's historical district, and Kinner says judges from both state and federal courts ruled in the mid-2000s that her business didn’t have to provide wheelchair access. The owner of the building, however, decided to ask the city for a handicap parking space after the first lawsuit, and in 2006 the city installed a space and sign.

About two months ago, someone's car struck the sign, bending it slightly. But the most recent incident created a safety issue, Kinner said.

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“Last week someone bent it completely to the ground. Now it’s a hazard, and down where you wouldn’t see it,” Kinner said. The sign had remained undamaged for at least seven years, and she believes the damage was vandalism but said she doubts it had anything to do with her associations.

Kinner is the vice chair of the National Federation of Independent Business, and since 2008 has been active in advocating against abusive lawsuits. Although she won what she calls “drive-by ADA lawsuits,” where two attorneys sued on behalf of disabled individuals, it cost her $10,000 in attorney fees.

“None of the people who complained had even been into the store,” she said.

Kinner is also affiliated with Citizens Against Lawsuit Abuse (CALA) and was asked to tell her video story for the October campaign that recognizes Lawsuit Abuse Awareness Week.

Maryann Marino, a director with CALA, said that the organization has shone the spotlight on people who have been victims of unwarranted lawsuits where, for example, they were sued because a mirror was too high or a toilet too low.

“Those are the kind of unwarranted lawsuits that can wipe out a business,” Marino said.

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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