Wilson

ORDER

Pending before the court are motions in three separate cases arising under the Americans with Disabilities Act (“ADA”), 42 U.S.C.A. §§ 12101 et seq. In each case the plaintiffs allege that the defendants violated the statute by virtue of maintaining physical barriers to the plaintiffs’ access to the defendants’ facilities.

All of the defendants’ motions raise matters collateral to the central question in any ADA case, i.e., have the defendants violated the law. These motions rest upon a series of recent district court cases suggesting a variety of legal impediments to the plaintiffs’ lawsuits. In a series of opinions, I address those claims and conclude that this court is unable to follow those cases.

In this opinion the court addresses defendants’ motion seeking to have the plaintiff and his attorney declared vexatious litigants, and thus subject to a so called pre-filing order.

I.

FACTS

Plaintiff, Wilson, is a 69-year-old male, who has been disabled since 1993. Wilson Dec. in Supp. of Pl.’s Mot. for Summ. J., (Wilson Dec. at 2); Dep. at 25:12-13; 33:20-21; 65:11-25; PL’s SUF 1. During the past few years, he has visited the defendants’ store with his wife, and on…