Nine Oscoda businesses sued (Todd McCullogh and CMT)

[Guest guest]

Nine Oscoda businesses sued

by Holly

http://www.oscodapress.com/articles/2007/10/17/news/news02.txt

OSCODA - Lawsuits were filed earlier this month in 23rd Circuit

Court against nine Oscoda and AuSable businesses

And the man doing the suing, P. McCullough, 42, Oscoda,

informed courthouse staff to expect 100 more.

" I haven't specifically decided how many, " he clarified, " but I

would like to see all of them come into compliance. "

Many of the alleged violations were found on what he called: " A tour

of Gov. Granholm's Cool Cities of Oscoda and Tawas " .

" It is so disgraceful. It is pretty sad when a doctor's office [in

Tawas City], a pharmacy [in Oscoda], a chamber of commerce [in Tawas

City], even a post office [Oscoda], doesn't comply, " he said.

McCullough, who described himself as a newcomer to Oscoda who

formerly lived downstate, alleges the nine businesses, and the

others he may sue, are violating Michigan's Persons with

Disabilities Civil Rights Act and the federal American with

Disabilities Civil Rights Act by failing to provide handicapped

parking and/or access.

Named in the suit, exactly as spelled on the documents, are: Rup's

TV Nook and Reupart Muolton; Oscoda Realty Inc., Rosemary Myrick and

and Rita Beck; Oscoda Flora L.L.C. and Delores S. LaVack;

LaDonna Marie Photography, LaDonna Bernick and LaDonna Simpson;

Window & Siding Gallery, Mark Kubiac and Klayton and Clesta ;

Mama's Country Kitchen and Roy Soncrant; MJ's Salon and Mellisa Jane

Garby; Vista Lanes & Loounge, Hueble Inc., W. Hueble Jr. and

W. Hueble; and One-Stop Coin-Op L.L.C. and Klein.

McCullough acknowledged that the names of individual businesses,

business owners and landowners may be incorrect or misspelled. He

said he has a difficult time finding the information he needs and

writing while talking on the telephone. These can be corrected when

he files future amendments, he added.

McCullough says he suffers from Charcot-Marie-Tooth disease, an

inherited neurological disorder which affects peripheral nerves,

resulting in a host of problems, the most common of which are

weakness of the foot and lower leg muscles, deformity and pain.

In McCullough's case, he states, he has atrophy, very high arches

and his feet are fixed in an inverted position, requiring the use of

braces and assistive foot orthodics on both feet and legs, as well

as a cane, with the problems ascending to his hands and arms.

As a result of his disability, he has a state-issued handicapped

parking number which, he contends, was useless in his attempts to

visit the nine businesses earlier this fall because the sites were

not designed to accommodate the handicapped. In all nine cases, he

said, he wanted to enter the businesses and use the services offered

to the public, but could not do so.

Parking is very important, he said, as he literally must count the

steps he takes in a day in order to limit his activity to a level

which does not aggravate the pain.

McCullough has already been granted one motion in the cases, that to

allow him to file the suits without paying filing fees. These were

waived in consideration of financial inability to prepay.

He said he has been unable to interest any local attorneys in

handling the cases, so is pursuing the litigation on his own.

McCullough is an unlikely poster child for the handicapped - a

paroled felon and registered sex offender.

" There's a lot of reasons that I do this, " McCullough said.

Other members of his family suffer from the same disease and other

disabilities, he said.

One business, which has not yet been sued, has a door that his

grandmother cannot open. When this was called to the attention of

the owners, the concern was treated casually and was not addressed,

he charged.

This is how his concerns were met by people at many of the

businesses he contacted, he alleged.

" I want to make a difference. This is an elderly community and I'm

sure a lot of people will be happy with what I'm doing.

" Most handicapped people don't want to draw attention to

themselves...Most won't speak up for themselves. But they shouldn't

have to. We should be able to enter businesses and other public

places like anyone else. "

He said that he wants to be able to shop and tour stores, not drive

by and see everybody else enjoying this activity. " I don't want to

be a prisoner. "

" My goal is to get the businesses in compliance with a law which has

been in effect for 17 years. This is not designed to harass, " he

said.

If this is the case, would he drop the suits against businesses

which do comply?

" No, " McCullough responded. " My hopes are that everyone will come

into compliance and then we can settle these. "

He added that he wants to, at the least, recoup his expenses and be

compensated for his efforts. He is seeking undisclosed damages and

costs in excess of $25,000 from each of the defendants, as well as

jury trials.

McCullough said he also hopes to open a nonprofit business in Iosco

County at which to disseminate information to the handicapped. He

said there are many assistive devices and programs available to

those with disabilities, but these are not currently being utilized

by people of this area, because no one is providing the information.

Two of the business owners, and Huebel Jr., were

asked for comment. Both said they have never been contacted by

McCullough, nor have they received complaints about parking

arrangements. They said they were unable to comment further as

neither has yet been served with the lawsuit.