Brian Whitaker

  Disability: quadriplegic

Represented by: the Potter Handy Firm ("Center for Disability Access")

Number of lawsuits filed: 2,500+

Targets: clothing stores, restaurants, marijuana dispensaries

Brian Whitaker alleges that he injured his spine in a car accident, which paralyzed him from the chest down.   

Mr. Whitaker's apparent mission is to travel from one corner of California to the other, to look for retail businesses to sue. Most of his suits concern outdoor dining tables at restaurants and sales and checkout counters at retail stores. In his spare time, he stars in rap videos.

Is Brian Whitaker an advocate for the disabled or is he a profiteer? You be the judge. Examination by attorney Ara Sahelian:

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BY MR. SAHELIAN:

           2        Q    OF COURSE.  SO THE FACT THAT YOUR ATTORNEY

           3   JUST ASKED FOR $8,000 IN UNRUH CIVIL RIGHTS ACT

           4   STATUTORY DAMAGES, THAT'S NOT A MOTIVATOR AT ALL FOR

           5   YOU; RIGHT?

           6                  YOUR MOTIVATION IS PURELY TO DEFEND THE

           7   CASE OF THE RIGHTS OF THE DISABLED; CORRECT?

           8        MR. WHITAKER:  THAT'S MY MAIN MOTIVATION IS TO, YOU KNOW,

           9   MAKE THINGS MORE ACCESSIBLE FOR DISABLED.  BUT, YOU

          10   KNOW, AS FAR AS THE $8,000 OR, YOU KNOW, WHATEVER UNRUH

          11   ACT COMES WITH IT, THESE BUSINESSES WON'T DO ANYTHING

          12   WITHOUT THAT.  I'VE COMPLAINED TO PLACES.  I TELL THEM,

          13   HEY, EXCUSE ME, YOU NEED A TABLE WITH THAT LIKE THERE.

          14   NOBODY CARES UNTIL YOU BRING A CASE.

          15        Q    SO I'M ASSUMING WHEN YOU FILE A COMPLAINT AND

          16   YOU SAY YOU ARE BEING DETERRED FROM REVISITING THE PLACE

          17   BECAUSE OF CERTAIN VIOLATIONS, THAT YOU ACTUALLY MEAN

          18   IT; CORRECT?

          19        A    YES, SIR.

          20        Q    ALL RIGHT.  SO I ASKED YOU IN A DEPOSITION

          21   ABOUT THREE OR FOUR WEEKS AGO WHETHER YOU HAD FILED

          22   1,500 CASES SO FAR.

          23                  I BELIEVE YOU SAID YES; CORRECT?

          24        A    SO I HAVE TO TAKE YOUR WORD FOR IT, IF THAT'S

          25   WHAT YOU --

          26        Q    OKAY.

...

     BY MR. SAHELIAN:  AND I ASKED YOU, MR. WHITAKER,

          10   WHETHER YOU HAD REVISITED ANY OF THE 1,500 PLACES TO

          11   FOLLOW THROUGH WITH YOUR NEED FOR COMPLIANCE, YOUR GOAL

          12   FOR A COMPLIANCE, AND YOU -- YOUR ANSWER WAS -- DO YOU

          13   RECALL WHAT YOUR ANSWER WAS?

          14        A    I'M -- WHAT WAS THE QUESTION THAT YOU ASKED ME

          15   AT THE DEPOSITION?

          16        Q    SURE.  I ASKED YOU IF YOU HAD EVER FOLLOWED

          17   THROUGH --

          18        A    YES.

          19        Q    -- AND TO SEE IF ANY OF THESE 1,500 BUSINESSES

          20   HAD ACTUALLY MADE CHANGES.

          21                  AND DO YOU RECALL WHAT YOUR ANSWER WAS?

          22        MR. WHITAKER:  VAGUELY, BUT I'M PRETTY SURE THAT I SAID THAT

          23   I VISITED -- REVISITED SEVERAL PLACES, AND THAT A LOT OF

          24   PLACES I HAVEN'T REVISITED BECAUSE I DON'T KNOW THE

          25   ACTUAL NAMES OF THE BUSINESSES AS FAR AS WHEN I GET THE

          26   INFORMATION, IT'S SO AND SO LLC INSTEAD OF KENTUCKY

          27   FRIED CHICKEN OR MCDONALD'S.  I ALSO SAID THAT I'M GLAD

          28   THAT YOU HAD BROUGHT THAT ISSUE UP.   

...

           5        Q    SO DO YOU RECALL I ASKED YOU WHETHER YOU HAD

           6   REVISITED 100, AND DO YOU REMEMBER WHAT YOUR ANSWER WAS?

           7        A    I'M SURE I SAID IT WAS -- I DIDN'T KNOW.

           8        Q    CORRECT.

           9        A    YES.

          10        Q    SO I'M ASSUMING SINCE YOU'RE VERY PASSIONATE

          11   ABOUT THE ADA AND YOU'RE VERY PASSIONATE ABOUT

          12   COMPLIANCE, THAT YOU KEEP RECORDS OF WHICH BUSINESSES

          13   YOU'VE SUED AND WHICH ONES YOU'VE REVISITED AND WHAT

          14   SORT OF PROGRESS YOU'VE SEEN ALONG THE WAY.

          15                  IS THAT NOT CORRECT?

          16        MR. WHITAKER:    IT'S NOT CORRECT THAT I -- THAT I KEPT A TAB

          17   OF WHO HAS DONE WHAT, BUT I REVISIT PLACES ALL THE TIME.

          18   I SEE PLACES THAT I'VE MADE CHANGE TO, AND IT MAKES ME

          19   FEEL GOOD WHEN I SEE A PLACE THAT I'VE SUED, AND I SEE

          20   ACCESSIBLE TABLES OUTSIDE NOW OR A BATHROOM THAT WAS

          21   FIXED OR HIGHER COUNTER.  I MEAN, I CAN NAME PLACES ON

          22   MY HEAD RIGHT NOW EASILY THAT I'VE REVISITED THAT'S BEEN

          23   CHANGED, BUT I CAN'T TELL YOU A NUMBER, AN EXACT NUMBER,

          24   OF PLACES I'VE BEEN BACK TO.

          25        Q    DO YOU HAVE ANY RECORDS AT ALL ANYWHERE OF ANY

          26   NOTES THAT YOU'VE TAKEN OF ANYWHERE THAT YOU'VE

          27   REVISITED?

          28        A    NO, SIR.

...

           1        Q    OUT OF THE 1,500 BUSINESSES THAT YOU'VE SUED,

           2   YOU HAVE NO RECORDS OF ANY THAT YOU'VE REVISITED;

           3   CORRECT?

           4        A    NOT ON ANY KIND OF RECORDS, NO, SIR.

           5        Q    OKAY.  SO WOULD IT BE FAIR TO ALSO SAY THAT

           6   YOU HAVE NO RECORDS OF WHAT ALTERATIONS HAVE BEEN DONE

           7   TO ANY BUSINESS SUBSEQUENT TO YOU FILING A LAWSUIT.  IS

           8   THAT NOT CORRECT?

           9        A    ONLY MENTALLY, I HAVE MENTAL NOTES.