Frequent filer sues 6 SLO County businesses

February 7, 2015

wheel chairA disabled Arizona man with a criminal past and a vast history of litigation filed six lawsuits against San Luis Obispo County businesses on Jan. 30. [Tribune]

Robert McCarthy, 59, has filed more than 250 suits under the Americans With Disabilities Act. McCarthy, who has used a wheelchair for 39 years because of contracting polio as a child, sued restaurants, nurseries, liquor stores and hotels. He has demanded that business owners be fined $4,000 for every instance where their facilities have failed to meet federal standards.

Many business owners settle the before the suit goes to trial while others shut down under the financial pressures of litigation.

In San Luis Obispo County, McCarthy filed suits against the Creekside Inn in Cambria; Bay View Inn in Morro Bay; Bay Laurel Nursery in Atascadero; Best Western El Rancho in Morro Bay; Clubhouse Sports Bar & Grill in Los Osos and Morro Bay Market & Spirits. His complaints include failures to have proper signage and allegations of excessive counter height.

McCarthy’s criminal history includes allegations he filed multiple lawsuits under his deceased brother’s name in an attempt to avoid losing disability, Social Security and spousal support payments.

During a search of McCarthy’s home in 2003, detectives found more than two dozen digital magazines with explicit photos of children engaging in sexual acts with men, along with child pornography books and magazines, the Fresno Bee reported.

More than a decade ago, Jarek Molski, who has been confined to a wheelchair for decades following a car crash, sued dozens of San Luis Obispo County business including more than 20 local wineries for allegedly violating federal disability access laws.

In 2004, U.S. District Judge Edward Rafeedie dubbed Molski a “hit-and-run plaintiff,” accusing him of systematic extortion of businesses across California. Molski had filed more than 400 suits under the Americans With Disabilities Act before Rafeedie barred him from future litigation.



  1. kayaknut says:

    Don’t worry our elected representatives are getting rid of our plastic bags, they are doing the most important things first, they just haven’t had time to deal with these types of suits.

    (18) 20 Total Votes - 19 up - 1 down
  2. willieslo says:

    “A disabled Arizona man with a criminal past and a vast history of litigation”

    Do we have enough people, or money, or space or facilities to take in more mentally ill and criminal transient that other cities are exporting here?
    If not or when we run out, the most economic way would be to send them back to their city of origin. This is probably Arizona’s revenge when California imposed sanctions against them for their border policies.

    (13) 15 Total Votes - 14 up - 1 down
  3. abigchocoholic says:

    He has demanded that business owners be fined $4,000 for every instance where their facilities have failed to meet federal standards.
    He’s already won. First thing a business has to do is go hire a lawyer. Retainer is going to be 10k and that’s just to get going. By the time it’s over the businesses will spend 50k and more defending the lawsuit. Cheaper to pay the ransom. And if they fight and lose, the plaintiff can ask for attorney fees too.

    It’s bad legislation. It encourage a private party to sue for ransom money.

    (29) 29 Total Votes - 29 up - 0 down
  4. willieslo says:

    Thank you Opra “Happiest Place In The World”
    For inviting these types,
    They came, they saw, they attempt to conquer

    (18) 24 Total Votes - 21 up - 3 down
  5. achillesheal says:

    Don’t be surprised someday when a business owner who has been put out of business due to “excessive counter height” takes a baseball bat to this guy’s head.

    (33) 41 Total Votes - 37 up - 4 down
    • kettle says:

      So your first thought is to violence?
      How long have you felt this way?

      It’s called Mucking, when one runs amok.

      Violence is bad, ok?

      (-42) 50 Total Votes - 4 up - 46 down
      • LameCommenter says:

        caveat: I wouldn’t employ violence and never have. Now then,

        Violence against those who viciously abuse the system is probably NOT the “first thought” of victims and observers, such thoughts come after long patterns of thievery and abuse, it is a valid and understandable frustration response of those frustrated with the long patterns of abuse we “workers” not sandbaggers face. Relax, kettle, this man’s existence is proof that nobody has lost control and dealt him his due.

        Kettle may never have contributed to society by operating a business for the benefit of self, commerce and society. If kettle had, and had been victimized by sham and convoluted tort, legal, or administrative claims for sacks full of cash (under ADA, title 7, wrongful termination, title 42, workers comp, EPA section 404 waterways, Calif Coastal Commission land piracy actions, asset forfeiture, etc.) then kettle might have a free marketeers rage or frustration reaction.

        (24) 28 Total Votes - 26 up - 2 down
        • kettle says:

          Oh but I have “contributed to society by operating a business for the benefit of self, commerce and society” I just do not let my rage or frustration lead my actions.

          When Molski was around, the business community was sending out warnings about him. We were ready to meet him in the parking lot, trespass him (still in his car) and send him on his way. The photo that was sent out helped.

          No thought’s of violence were necessary or needed.

          You do not know me.

          (5) 11 Total Votes - 8 up - 3 down
      • OnTheOtherHand says:

        When people lose their trust in the system to provide justice, they sometimes take it into their own hands (with or without justification in a particular case). This applies to small but significant financial attacks like this as it does to patterns of injustice based upon discrimination. It is too bad that it wasn’t applied to the Wall Street SOBs that were primarily responsible for the economic meltdown with their deception and gambling.

        (6) 12 Total Votes - 9 up - 3 down
  6. Rambunctious says:

    It’s a lawyer’s world we just live in it. We need to stop voting for attorneys and we need to limit the number of seats available each semester in our nations law schools.

    (27) 29 Total Votes - 28 up - 1 down
  7. jarhead says:

    WHY is this PERVERT /CHILD MOLESTER not in PRISON where he can have all his rights

    (46) 48 Total Votes - 47 up - 1 down
  8. Rich in MB says:

    does anyone need another example of why our “system” is out of control.
    Case Closed…the feds once again have screwed the Middle Class they say they want to help. Remember that the next time you support more regulations.

    (46) 58 Total Votes - 52 up - 6 down

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