Thursday, May 31, 2012

Too Complicated

Thomas Jefferson said, "If the present Congress errs in too much talking, how can it be otherwise in a body to which the people send one hundred and fifty lawyers, whose trade it is to question everything, yield nothing, and talk by the hour? "

This was written in the 1700's and apparently, not much has changed.  Currently, 47% of Congress are lawyers.  Not a problem, until you realize that the legal system isn't exactly working for you but for the pockets of the lawyers.  And who writes these laws??  I guess we can only blame ourselves, because we elect our own Congress.

Not all, of course, are self serving!  We all know wonderfully ethical lawyers who are honest and practice for the right reasons.  I have two in mind, and one of them reads my blog and will know who I am talking about.  So, if you need a wonderful lawyer, contact me and I will give you a referral.

Unfortunately, owning a business throws you endlessly in front of the not-so-ethical types.  We have just been slapped with a lawsuit because, on a particular day in March, we did not have a handicapped accessible room available to a walk-in, who then submitted charges through the Association for Disabled Persons that we do not have a handicapped accessible room.  And, in addition, we did not have steps to our pool, have a picnic table for him to sit at, nor did we have a handicapped parking space marked.

GUILTY YOUR HONOR... of one thing.  Our driveway is not marked for anyone who is handicapped because people park in front of their rooms and we have no markings on our driveway for anyone.  We are equal opportunity "parkers" at the Sea Dell.  We are a little Mom and Pop place so trying to comply with all local, state and federal regulations is a bit overwhelming.  The one room we have that is handicapped equipped was already booked and rented.  In fact, we had NO rooms the date the guest attempted to procure a room.  We do have access to our pool via a second entrance that does not require steps and we do have round picnic tables available for a person in a wheelchair.  All photos submitted with the suit were hijacked from web sites and only portrayed aspects of the property that were not in compliance - for example, the steps to the pool and no photo of the other entrance that is pool level.
As for the parking.  Well, we will get on that because if we are supposed to have it, we will and that is our oversight.  But why not inform you of your infraction with a time limit to correct it?  I didn't even know our size property had to have a designated spot.  Oh, wait, giving you an opportunity to correct your infraction would mean another lawyer doesn't get to sue you.

What is the problem, is that to represent ourselves against this claim will cost, according to one of the several attorneys who have sent us letters offering assistance, about $20,000.

So, do I think the law firm representing this person who was denied a room is doing this out of the goodness of their heart?  Oh sure.  I think this is another example of ambulance chasing.  In fact, I wouldn't be surprised if persons who reported the property didn't receive some sort of kick back. 

We have had many, many handicapped guests stay with us.  We have allowed service dogs because we have to by law even though several times I knew that the dog owner had purchased the service dog's identification coat at Petsmart and they were just a pet coming on vacation.  We routinely offer rooms for every conceivable charity fundraiser around.  We try to be good citizens of the community and our reviews show how favorably former guests think of us and our property.

So why, when you try to do the right thing, does it always feel like there is some law firm named Bill, Padding & Howe just waiting to send you that letter that will kick your teeth in. 

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