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Disability: quadriplegic
Represented by: the Potter Handy Firm ("Center for Disability Access")
Number of lawsuits filed: approx 1,500
Targets: grocery stores, liquor stores, gas stations, auto repair shops, and restaurants
Mr. Garcia uses an electric wheelchair and does not drive. He alleges that the mother of his son drives him around in a van that he owns. He likes to sue alleging that the sales counters he comes across are too high and circulation aisles at liquor store are too narrow for his use.
While he admittedly does not smoke, he sued a smoke shop. Below is deposition testimony of Mr. Garcia from that case.
Is Mr. Garcia an advocate for the disabled or is he a profiteer? You be the judge. Examination by attorney Ara Sahelian:
13 Q. BY MR. SAHELIAN: Do you smoke?
14 A. No, I don't.
15 Q. Have you ever smoked?
16 A. Yes.
17 Q. Cigarettes?
18 A. I've tried them before.
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13 Q. BY MR. SAHELIAN: So that leaves you around
14 two to three hours on Broadway. Do you have any
10:38 15 recollection of what you did on Broadway street that day,
16 other than go to the Smoke Shop?
17 A. Just, you know, look at other shops.
18 Q. Looking for ADA violations?
19 A. Yeah.
20 MR. SAHELIAN: All right. We'll take a break here.
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11:51 18 Q. Now do you ever consider finding a job, maybe
19 a job that would make use of your speaking skills, like
20 using a telephone and a computer perhaps?
21 MS. VENTO: Objection, relevance. Harassing my
22 client. You may answer.
23 THE WITNESS: No, not really.
11:52 24 Q. BY MR. SAHELIAN: Has any governmental agency
25 ever asked you whether you're interested in employment?
1 A. I think they've left me a message, something
2 like that, about getting a -- you know, I'm able to, you
3 know, get a job or something like that, something
4 about --. I can't remember exactly, but, you know.
11:52 5 Q. Would there be a reason why you wouldn't want
6 to take up employment if it simply involves helping
7 people on the phone?
8 A. No, there's no reason.