San Jose's Time Deli to close after being sued over ADA compliance

SAN JOSE, Calif. (KGO) -- An iconic San Jose deli is closing after being hit with a lawsuit by an attorney who has a history of targeting businesses for ADA compliance.

RELATED: San Ramon gas station owners accused of violating ADA laws

The facade of San Jose's Time Deli has been frozen in it -- a newspaper clipping proves it. But the old building is a problem.

"I got a letter in the mail that I'm getting sued," said Time Deli owner Donald Bergh. "And I looked at it and I didn't understand it."

A Sacramento-based lawyer says the parking lot striping and small bathroom stalls do not meet the standards of the Americans With Disabilities Act.

"To pull permits to put this stuff in this building that's been here since 1949 -- it's going to take a lot of money to restructure, redo a lot of things," Bergh told ABC7 News.

He says he doesn't have the money so he's closing the deli. Nearby Sam's BBQ, Antiques Colony, and the Falafel Drive-In also received complaints from attorney Scott Johnson.

ABC7 News told you about him last summer when he sued an East Bay gas station owner.
Johnson has filed thousands of similar lawsuits.

"Well, he's a crooked lawyer. How dare he take away our gourmet deli," said customer Irene Sanchez.

"Apparently the attorney who's suing us has never been in our place. Said he has, but I've never seen him even with our cameras," Bergh added.

A 2008 law requires proof of visiting the business.

Our attempts to reach Johnson to ask him about this were unsuccessful.

The state's disability advocacy group says sometimes the only way to get ADA compliance is through individual suits.

Click here to learn more about Time Deli and their plans for the future.

Click here for information on the California's Disability Rights Advocacy group.
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