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Both sides declare victory in Rio Nido Roadhouse access suit

The Press Democrat - 4/19/2017

April 18--A Guerneville paraplegic who has waged a series of legal battles over disabled access to Bay Area businesses and public buildings won the right to have his attorney fees paid and was cleared of extortion claims in his latest fight with a Russian River tavern.

But under a tentative ruling from Sonoma County Superior Court Judge Allan Hardcastle, Richard Skaff, 73, won't be able to collect damages and other legal costs from Rio Nido Roadhouse owner Brad Metzger that could have amounted to hundreds of thousands of dollars.

Both sides declared victory.

"I am very pleased with the court's ruling," Skaff said in an email Tuesday. "This has been a very difficult and long process and I feel vindicated by the decision."

Metzger's attorney, Joe Baxter, said the outcome means his client will avoid damages called for under state civil rights laws. He said he would appeal a finding that Skaff's actions prompted repairs on the property he claimed Metzger had been planning for years.

Under a "catalyst" provision of law, Skaff is eligible to receive an estimated $20,000 in legal fees, Baxter said.

"The roadhouse is fully compliant now," Baxter said. "It's a strange situation of no good deed goes unpunished."

The dispute stemmed from a 2012 visit to the roadhouse by Skaff, a former Corte Madera city councilman who once ran the San Francisco Mayor's Office on Disability.

Skaff claimed he drove his van into the parking lot but found it was full and had no disabled parking spaces. He left but sent back a friend who noted the business also lacked a wheelchair ramp, disabled-accessible bathrooms and other features required under the federal Americans with Disabilities Act.

He sued a year later, after he was unable to get Metzger to agree to immediate repairs, he said.

After, Metzger carried out plans he said dated back to 2007 to comply with disability requirements.

A court trial played out in February. Hardcastle took the proceedings under submission and issued his 20-page ruling Thursday.

He found Skaff correctly pointed out building code violations associated with entry ramps, signs and other accommodations, making him eligible for legal fees associated with obtaining an injunction. Regarding the extortion claim, Hardcastle said there was no evidence Skaff asked Metzger for money to consult on any repairs before suing him.

But the judge said Metzger did not discriminate against Skaff under state law. Because he did not own the parking lot he could not be liable for any lack of disabled parking spaces. And because Skaff never physically entered the building, other violations of the Unruh Civil Rights Act could not apply. Each occurrence is punishable by automatic minimum penalties of $4,000.

Skaff, who has sued 30-40 entities over several decades, said he achieved his goal, which was to make the roadhouse accessible to disabled people. He was not expected to appeal any part of the ruling.

"Although I would have preferred a different outcome with respect to the damages portion of the case, monetary recovery was never my focus or my priority," Skaff said.

You can reach Staff Writer Paul Payne at 707-568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.

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