And they are asking for ideas on how to discipline those attorneys. U.S. District Judge Roy B. Dalton recently opened a case ordering the 16 lawyers – mostly from the Miami area – to show why they shouldn’t be fined or banned from filing similar cases in the future.
Hundreds of lawsuits have been filed in Orlando federal courts alleging that local businesses violate the Americans with Disabilities Act – by not having wheelchair ramps or wheelchair accessible bathrooms, for example. Many of the attorneys filing such cases previously did the same in South Florida federal courts.
The lawsuits most often settle after businesses make a payment, and sometimes they agree to make changes to their facilities, but business owners have said the feel like they’re been extorted.
One of the attorneys in question, Thomas B. Bacon of Cooper City, ran a law firm that employed several attorneys on the list. The Sun-Sentinel newspaper wrote about him in 2014. He told the newspaper then that “the only people who enforce the ADA are these few plaintiffs and their attorneys."
But the paper also quoted a Delray Beach code enforcement officer saying that the lawsuits are purely a money-maker and the attorneys are not concerned about compliance.
Bacon couldn’t be reached for comment for this article. His phone number on the Florida Bar’s website was disconnected, and the email address he listed bounced back.
The Orlando judges who are handling the discipline case said they have tried to be patient and inform the attorneys about how to proceed, but they’ve become frustrated.
“Also disturbing is Counsel's repeated filing of vague, boiler-plate complaints — often improperly joining multiple defendants — that fail to comply with the Federal Rules of Civil Procedure,” wrote U.S. Magistrate Judge Daniel Irick, who is handling the matter.
Two of the attorneys involved responded to the Orlando Sentinel’s questions, Joshua Sheskin and Rafael Viego. Both said they had gone to work for law firms doing ADA cases, and were overwhelmed by the number of cases the firms tried to assign to them. Both said they quit as soon as they could.
According to the judges’ order, more than 200 “negative” orders have been filed against the 16 attorneys. Following is a list of the attorneys with the most negative orders, according to the case:
Thomas B. Bacon, Cooper City, 61 negative orders; Philip M. Cullen, III, Fort Lauderdale, 31 negative orders; Fort Lauderdale; Aaron Finesilver, Miami, 23 negative orders; Miami; Christine N. Failey, St. Petersburg, 7 negative orders; St. Petersburg; Barry S. Mittelberg, Coral Springs, 2 negative orders; Coral Springs; Ayesa Conger, Cutler Bay, 61 negative orders; Cutler Bay; Eric Matthew Rodriguez, Hollywood, 65 negative orders; Hollywood; Sheskin, Miami, 83 negative orders; Miami; Mario Elias Lopez, Miami, 63 negative orders; Miami; Viego, Miami, 56 negative orders; Nadine A. Brown, Winter Springs, 5 negative orders; Andrew C. Enfield, Miami, 7 negative orders; William T. Leveille, II, Miami, 23 negative orders; Michael Christine, Miami, 8 negative orders; Anthony J. Perez, Miami, 54 negative orders; Alfredo Miguel Garcia-Menocal, Miami, 35 negative orders.
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16 Florida lawyers face wrath of Orlando judges over 'vague, boilerplate' ADA lawsuits
Good. They need to do their job right instead of haphazardly and yet overcharging their clients.
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