Court rejects appeal by frivolous litigant

Published: Nov. 18, 2008 at 8:55 PM

WASHINGTON, Nov. 18 (UPI) -- The U.S. Supreme Court has declined to hear an appeal by a California man who filed hundreds of lawsuits against businesses over access for the disabled.

Jarek Molski, 38, of Woodland Hills, Calif., was ordered by a federal judge to gain court approval before he filed any more lawsuits. He asked the Supreme Court to overturn the order, the Los Angeles Times reported Tuesday.

Molski, who uses a wheelchair since being injured in a motorcycle accident two decades ago, sued restaurants, bowling alleys,wineries and other businesses over such things as insufficient handicapped parking, misplaced handrails and other alleged violations of the Americans with Disabilities Act.

In his lawsuits, he demanding that business owners be fined $4,000 for every day their facilities failed to meet federal standards.

Courts can shield their dockets from abuse by litigants, said Peter Eliasberg, managing attorney for the American Civil Liberties Union of Southern California.

"But this is a remedy that should be used very sparingly, especially with regard to a statute that is disobeyed a lot," he said of the disabilities act.

Legal Newsline reported that the 9th U.S. Circuit concluded in August 2007 that Molski as a "vexatious litigant," meaning he used lawsuits and exaggerated allegations as a "harassing device" to get cash settlements from defendants.

© 2008 United Press International, Inc. All Rights Reserved.
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