Modesto’s historic A&W drive-in restaurant is closing, but not for why you might think

Johnny Matthews knew he would be leaving behind his beloved Modesto A&W restaurant soon, but he never thought this would be why.

The owner of the historic downtown Modesto drive-in burger joint will close the site at G and 14th streets by Nov. 22 after 66 years of continuous operation. In the end, it wasn’t inflation or staffing or diner disinterest that took him down. Instead, the restaurant, which has become a landmark in the region, is closing because of an Americans with Disabilities Act lawsuit filed against the property last month.

The A&W site — known for its big burgers, roller-skating carhops and “American Graffiti”-era ambiance — has been a part of the city since it opened on the spot as a food stand in 1957. The restaurant still attracts a loyal crowd and holds its popular nostalgia-filled Friday night cruise-ins every summer, complete with Elvis impersonators.

Matthews, who owns the building and business with his wife, Tammy, already had planned to retire and sell both this year — preferably to someone who would continue its legacy as an A&W franchise. But they had hoped to continue operating the restaurant until the sale was finalized.

Now they will shutter abruptly by 4 p.m. Wednesday instead of trying to fight the ADA lawsuit as they continue to work on a sales deal.

“You think of the hundreds of thousands of people who have visited the restaurant over all these years and it’s never been an issue,” said Johnny Matthews, 75, who took over ownership of the site in 1996. “It’s the law, but it’s a stupid law to allow these complaints to get rewarded over and over again.”

Plaintiff has filed multiple ADA lawsuits across Stanislaus County

The plaintiff in the A&W lawsuit is 81-year-old Modesto resident Lee Dozier, who has filed 15 ADA lawsuits against property owners in Stanislaus County in the past 13 months, all using the same Newport Beach-based law firm. Besides the Matthewses and their A&W restaurant, Dozier has filed ADA suits against building owners of national and local businesses in Modesto — mostly alleging inaccessible or inadequate disabled parking access in addition to some other violations.

The downtown A&W does not have any posted or dedicated accessible parking spots, as are required by state and federal law. The ADA was passed in 1990 as historic federal civil rights legislation that prohibits discrimination based on disability. The public accommodations requirements of the law guarantee access to ensure those with any disabilities can enter and enjoy businesses and services offered to the general population.

But in California, ADA lawsuits have become something of a cash cow for some serial filers who look for properties with violations and then file lawsuits asking for damages. The issue has arisen again and again across the Central Valley, even after the Legislature, aiming to prevent abuses, made some changes to existing law.

The Modesto Bee has extensively covered the waves of ADA lawsuits filed across the region over the years. That includes the suit that shut down the long-running Barnwood Restaurant in Ripon, which since 1978 had been a high-profile presence just off Highway 99. But after its owners were hit with an ADA lawsuit by a different serial filer in 2014, it closed for good. The site has since been bulldozed and redeveloped as a drive-thru Starbucks.

The suit against the Matthewses alleges that on a visit to the A&W on Sept. 29 of this year, Dozier went to “purchase a delicious float.” But he found the property “does not provide any accessible parking whatsoever.” Dozier, who characterizes himself as disabled and caretaker for his disabled wife, said he “suffered and continues to suffer violations of his civil rights to full and equal enjoyment of goods, services, facilities, and privileges, and has suffered and will suffer embarrassment and humiliation.”

Dozier is seeking $25,000 in damages, attorney and court fees and expenses and any “other relief that the court deems appropriate.” The Matthewses said that since the lawsuit was filed Oct. 10, they have received a potential settlement offer for $23,000 from the plaintiff’s counsel.

Like Modesto’s A&W drive-in, these Central Valley businesses faced ADA suits over the years

While the Matthewses acknowledge the lack of accessible parking, they said suits like this aren’t actually aimed at improving access for disabled individuals. Instead, they said, they’re about big paydays for plaintiffs and their attorneys.

Disability rights advocates have argued over the years that the courts are one of the only ways to hold property owners accountable for following the law.

Attorney behind suits used to defend small businesses in court

Calls to phone numbers associated with Dozier’s residence were not answered. Calls requesting comment from Dozier’s attorney Rick Morin, who has offices in Newport Beach and Sacramento, also were not returned. A representative at his Newport Beach office said he would not be available for comment.

But Morin has spoken with The Bee in the past. Indeed, about a decade ago Morin was a champion for small businesses and specialized in fighting ADA lawsuits. He was quoted in multiple articles over the years in this role, and in 2017 told The Bee, “There is too much money to be made. They’re not going to stop suing.”

Morin’s law offices website still lists “ADA lawsuit defense” as one of his primary areas of specialization and touts his work as a “tireless advocate” against “frivolous ADA lawsuits” who will “defend against these shakedown lawsuits and advise you on compliance measures to avoid litigation.”

Since October 2022, Morin’s office has filed a series of lawsuits on behalf of Dozier, alleging violations at Modesto properties. Of the 15 lawsuits, seven were voluntarily dismissed, which typically means a private monetary settlement was reached between the parties. The six open lawsuits include the property owners of Modesto’s two Wienerschnitzel hot dog locations, a Del Taco on Standiford Avenue, USA Tire and Wheel Dealers Inc. on Prescott Road and California Rehabilitation on Spyres Way.

The lawsuits filed by Dozier share striking similar language, and all allege parking access violations. The majority of the open suits are seeking $25,000 in damages in addition to other fees.

Johnny Matthews said that while installing accessible parking spaces would be a relatively easy fix, if A&W remained open, the plaintiff still could be eligible for damages in court. Considering the age of the building, he said he also would fear additional lawsuits alleging other ADA code violations.

Instead, the couple have resigned themselves to closing. They will continue service until Wednesday afternoon, after which they’ll hold a private party for their six employees. Among them are general manager Jennifer Rushman and assistant general manager Julie Hale. The two sisters’ more than a quarter-century of employment at the drive-in predates the Matthewses’ ownership.

“We have many customers and friends who are disabled who we have been serving for years,” Hale said. “We’ve always gone out of our way to provide service to them.”

Valley customers flock to Modesto drive-in for final meals, goodbyes

Since the Matthewses announced the restaurant’s impending closure about a week ago, the dining room and parking lot have overflowed with a constant stream of customers coming in for one last Papa Burger or Coney dog or look at all the Modesto and Graffiti memorabilia.

Last week, the restaurant even hosted a wedding, which wasn’t the only nuptials held there over the years — another sign of the community’s enduring affinity for the modest burger shack.

Among those who’ve stopped in for a goodbye meal are cousins Linda Medlin and Diana Berchtold, both 71-year-old Modesto natives. They started coming to the A&W with their families when they were kids.

“We used to come to get root beer floats, that was the big thing to do when it was hot outside in those days,” Berchtold said.

A slice of Modesto history is up for sale. What is the future of Graffiti-era drive-in?

While they sympathize with the right to access for all, they said chronic ADA suits do not benefit the majority of disabled people and instead only provide monetary rewards to the few and their lawyers.

“Why can’t there be exceptions? I understand the ADA, I understand it totally and have friends (who are disabled),” Medlin said. “If (access) was truly a problem for anyone specifically, heck, me and my husband would build the ramp ourselves.”

Waterford resident Mike Miller came with friend Cambria Pollinger of Turlock for the joint’s signature overflowing root beer floats. As they sat and enjoyed their treat outside this week, news of the ADA lawsuit left them feeling less than warm and fuzzy.

“I hope that guy feels good about closing down a business like this,” Miller said.

As the Matthewses prepare for the end of their era of Modesto history with the A&W, they remain confident the site will sell and another restaurant eventually will open there. The location is zoned for fast food, and the couple said they’ve fielded a lot of interest from potential buyers, though deals like this can take time to finalize.

“I’m not very happy about the lawsuit. I’m upset that one person could ruin it for everyone and the employees right before Christmas,” Matthews said. “It’s really is frustrating that our government hasn’t made better conditions for this. Instead, one drive-by litigator could spoil it all.”