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

Marijke Rowland
·2 min read
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As Modesto’s historic A&W drive-in prepares to close this week rather than fight a pending lawsuit filed against it, we take a look back at the impact serial American with Disabilities filers have had in the Central Valley.

The plaintiff who sued the root beer and burger joint has filed 14 other ADA lawsuits across Stanislaus County in the past year. Of the cases, seven have settled out of court and were dismissed. Eight — including the suit against A&W building and business owners Johnny and Tammy Matthews — are still active.

Lee Dozier, the 81-year-old Modesto man behind the recent series of suits, is represented by Newport Beach-based attorney Rick Morin, who previously specialized in defending small businesses from this kind of litigation. ADA lawsuits are filed against the property owners (who are not necessarily the same as the business owners) and usually seek monetary damages as well as demands to fix any violations.

A look at the Modesto properties Dozier alleged had access violations:

  • Dollar General Market, 2003-B Tully Road (settled out of court)

  • Velvet Creamery, 3250 Dale Road (settled out of court)

  • Velvet Creamery, 2204 McHenry Ave. (settled out of court)

  • Stop N Save Grocers & Liquors, 1701 Standiford Ave. (settled out of court)

  • Stop N Save Grocers & Liquors, 3800 McHenry Ave. (settled out of court)

  • Stop N Save Grocers & Liquors, 3800 McHenry Ave. (statistical closing, transferred)

  • Quick Shop N Go, 2013 Prescott Road (settled out of court)

  • College Market, 2110 College Ave.

  • Sunny Food Mart, 2101 W Rumble Road

  • California Rehabilitation, 4660 Spyres Way

  • Del Taco, 1601 Standiford Ave.

  • USA Tire and Wheel, 1901 Prescott Road

  • Wienerschnitzel, 204 McHenry Ave.

  • Wienerschnitzel, 3342 McHenry Ave.

  • A&W, 1404 G St.

Almost a decade ago, The Modesto Bee began reporting on the impact a wave of ADA lawsuits had on area businesses. An award-winning Bee and Merced-Sun Star series in 2014 found 60 disability-access lawsuits in Stanislaus and Merced counties. Then in 2017, The Bee found more than 100 lawsuits launched in this area, most brought by a handful of serial litigants.

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

Exterior of Barnwood Restaurant pictured May 15, 2013, just weeks before it closed. John Mangelos opened the restaurant on July 3, 1980.
Exterior of Barnwood Restaurant pictured May 15, 2013, just weeks before it closed. John Mangelos opened the restaurant on July 3, 1980.

Other area properties that have faced ADA lawsuits in the past include:

  • Hot Rod Diner, Turlock (2013, settled out of court)

  • Brooks Ranch Restaurant, Atwater (2013, settled out of court)

  • Barnwood Restaurant, Ripon (2014, closed 2014)

  • Boot Barn, Turlock (2014, settled out of court)

  • Fosters Freeze, Atwater (2014, settled out of court)

  • Ming’s Restaurant, Los Banos (2014, closed)

  • Bilson’s Sports Shop, Turlock (2015, settled out of court)

  • Hot Rod Diner, Hilmar (2015, settled out of court)

  • Bel Piatto Cucina Italiana, Modesto (2015, dismissed, want of prosecution)

  • Goodwill Industries, Turlock (2017, settled out of court)

Ken Hildebrand and Don Lee, owners of the Barnwood Restaurant in Ripon, had to close its doors because they did not have the funds to fight a federal ADA lawsuit.
Ken Hildebrand and Don Lee, owners of the Barnwood Restaurant in Ripon, had to close its doors because they did not have the funds to fight a federal ADA lawsuit.