May 18, 2000 - 01:19 AM
Clint Eastwood, Disabled Spar Over Disabilities
Act
By Janelle Carter
Associated Press Writer
WASHINGTON (AP) - Actor Clint Eastwood is getting his day, if
not making it, in a battle with advocates for the disabled who say
his California hotel is in violation of the Americans With Disabilities
Act.
A California woman has sued the actor, prompting and outcry from
Eastwood about what he says are frivolous ADA lawsuits that
target small businesses.
Eastwood, angered by a request from the woman for more than
$500,000 in attorneys fees, planned to ask a House subcommittee
today to amend the 10-year-old law so businesses like his Mission
Ranch Hotel in Carmel, Calif., have more time to comply.
A bill sponsored by Florida Republicans Mark Foley and Clay
Shaw would require plaintiffs to give defendants notice of alleged
violations and then 90 days to comply.
"I totally support the ADA laws. I think people not in compliance
should get into compliance," Eastwood said in a telephone
interview Wednesday. But he added, "I think there should be a
better way to get people in compliance."
Said Foley, "I don't want to create an impediment to the ADA. In
fairness, businesses should be given a chance to fix it."
The case against Eastwood, filed three years ago, claims the
former Carmel mayor violated ADA provisions in his 32-room
Mission Ranch Hotel and restaurant. At least one bathroom and
the hotel parking lot did not comply with the law and there were
not enough rooms accessible to the disabled, the suit claimed.
Paul Rein, who represented plaintiff Diane Zum Brunnen in the
suit, said Eastwood's fight for notification is unfair to the disabled.
"If a black person is not allowed to enter a business because of
his race, he's not required to send a letter. If a woman is not
allowed to ..., she's not required to send a letter. Why should
disabled persons be the only class of persons required to send
letters?" Rein said.
Eastwood insists his hotel is in compliance and says he and other
small businesses are being preyed upon by money-seeking
attorneys.
The lawsuit demands $577,000 in attorneys fees. The disabled
cannot collect monetary damages under the law, although Rein
says the lawsuit does demand $25,000 for Brunnen under a
California statute.
"He thinks I'm some stiff coming along that's going to roll over,"
Eastwood said. "I'm going to trial. I'm going to take it before a
judge and a jury."
The actor said he is fighting for other small business owners as
well. "A lot of people can't afford that. Somebody has got to stand
up for those people. Somebody has got to help out."
Advocate for the disabled fear the fight could result in weakening
the law once lawmakers begin revisiting it.
"Once we open up this bill, there's no way to control the number of
amendments that may come forward," said Curt Decker, executive
director of the National Association of Protection and Advocacy
Systems. "This is going to be a message to anybody that has not
complied... Despite a decade of legal requirements nationally, they
are basically being given a free ride for not complying with the law.
---
The bill is H.R. 3590
On the Net: http://thomas.loc.gov
AP-ES-05-18-00 0116EDT
© Copyright 2000 Associated Press. All rights reserved. This material may not be
published, broadcast, rewritten, or redistributed.
Brought to you by the Tampa Bay Online Network
Clint Eastwood, Disabled Spar Over Disabilities
Act
By Janelle Carter
Associated Press Writer
WASHINGTON (AP) - Actor Clint Eastwood is getting his day, if
not making it, in a battle with advocates for the disabled who say
his California hotel is in violation of the Americans With Disabilities
Act.
A California woman has sued the actor, prompting and outcry from
Eastwood about what he says are frivolous ADA lawsuits that
target small businesses.
Eastwood, angered by a request from the woman for more than
$500,000 in attorneys fees, planned to ask a House subcommittee
today to amend the 10-year-old law so businesses like his Mission
Ranch Hotel in Carmel, Calif., have more time to comply.
A bill sponsored by Florida Republicans Mark Foley and Clay
Shaw would require plaintiffs to give defendants notice of alleged
violations and then 90 days to comply.
"I totally support the ADA laws. I think people not in compliance
should get into compliance," Eastwood said in a telephone
interview Wednesday. But he added, "I think there should be a
better way to get people in compliance."
Said Foley, "I don't want to create an impediment to the ADA. In
fairness, businesses should be given a chance to fix it."
The case against Eastwood, filed three years ago, claims the
former Carmel mayor violated ADA provisions in his 32-room
Mission Ranch Hotel and restaurant. At least one bathroom and
the hotel parking lot did not comply with the law and there were
not enough rooms accessible to the disabled, the suit claimed.
Paul Rein, who represented plaintiff Diane Zum Brunnen in the
suit, said Eastwood's fight for notification is unfair to the disabled.
"If a black person is not allowed to enter a business because of
his race, he's not required to send a letter. If a woman is not
allowed to ..., she's not required to send a letter. Why should
disabled persons be the only class of persons required to send
letters?" Rein said.
Eastwood insists his hotel is in compliance and says he and other
small businesses are being preyed upon by money-seeking
attorneys.
The lawsuit demands $577,000 in attorneys fees. The disabled
cannot collect monetary damages under the law, although Rein
says the lawsuit does demand $25,000 for Brunnen under a
California statute.
"He thinks I'm some stiff coming along that's going to roll over,"
Eastwood said. "I'm going to trial. I'm going to take it before a
judge and a jury."
The actor said he is fighting for other small business owners as
well. "A lot of people can't afford that. Somebody has got to stand
up for those people. Somebody has got to help out."
Advocate for the disabled fear the fight could result in weakening
the law once lawmakers begin revisiting it.
"Once we open up this bill, there's no way to control the number of
amendments that may come forward," said Curt Decker, executive
director of the National Association of Protection and Advocacy
Systems. "This is going to be a message to anybody that has not
complied... Despite a decade of legal requirements nationally, they
are basically being given a free ride for not complying with the law.
---
The bill is H.R. 3590
On the Net: http://thomas.loc.gov
AP-ES-05-18-00 0116EDT
© Copyright 2000 Associated Press. All rights reserved. This material may not be
published, broadcast, rewritten, or redistributed.
Brought to you by the Tampa Bay Online Network
