Trial begins for Rio Nido Roadhouse, sued for disability violations

Some call him a fierce advocate for disabled people. Others claim he's a shakedown artist.

Either way, Richard Skaff has built a reputation for suing dozens of Bay Area businesses and government agencies over the past few decades over Americans with Disabilities Act violations.

Now, the 72-year-old part-time Guerneville resident who once sued Santa Rosa's Safari West wildlife preserve has turned his sights on the Rio Nido Roadhouse, claiming its owner failed to provide parking spaces for the disabled, a wheelchair- accessible entry ramp and other accommodations.

As in other cases, Skaff, who uses a wheelchair, said he's fighting for the rights of millions of others who might be denied access to places the rest of the public can go.

“When you go to a restaurant and can't use the bathroom after spending $100, how would you feel?” Skaff said in a recent interview.

But in a surprise twist, the roadhouse is fighting back, accusing Skaff of attempted extortion and unfair business practices. Roadhouse owner Brad Metzger said Skaff, a self-described accessibility expert, contacted him after taking a drive through his parking lot in 2012. He pointed out violations and offered his paid services to fix them, Metzger said.

When Metzger refused, Skaff sued, he said.

“We're very sensitive to the rights of the disabled,” said Metzger's lawyer, Joe Baxter. “We're just concerned about people who abuse the law with drive-by lawsuits.”

In an ongoing trial in Sonoma County Superior Court, Metzger says he's not the only business owner to suffer from what he called unethical practices.

He put on witnesses Tuesday including the owner of the iconic Lucas Wharf Restaurant and Bar in Bodega Bay, who alleged a similar experience in 2015. Owner Peggy Lucas said Skaff pointed out problems at her restaurant and suggested she hire him to sort them out. When she balked, Skaff hounded her with threatening emails and phone calls until she enlisted her own contractor to do about $65,000 in repairs, she said.

All the while, she braced for a lawsuit, but it never came.

“He was very intimidating,” Lucas testified.

Another witness, Herwig Loose, owner of the Highland Dell Lodge and Events Center in Monte Rio, said Skaff came to him about a dozen years ago with similar complaints. Feeling pressure after Skaff bragged about his expertise in disability law, Loose offered Skaff $1,500 to be his consultant and Skaff accepted, he testified.

His understanding was that Skaff, who provided him with no written consulting reports, would stop coming around, he said.

“And that's exactly what happened,” Loose testified.

Skaff denied any extortion attempt and testified earlier in the trial about problems at the Rio Nido Roadhouse. It lacked adequate disabled parking and had a faulty ramp to its entrance.

He never went inside but instead hired someone to go in and photograph bathroom access violations.

Roadhouse owners have since corrected any problems.

Now the trial will decide which side will pay attorney fees estimated to be up to $400,000.

It's familiar territory for Skaff, who became a disability rights advocate after injuring himself in a tree-climbing accident in 1978.

The former Corte Madera mayor testified he's sued 30-40 businesses or public entities, including the cities of Corte Madera, Larkspur and Sausalito. He testified he did not keep track of settlement amounts.

According to published reports, Corte Madera settled a 2008 suit with an agreement to make up to $4 million in curb, sidewalk and other remediations. The city also agreed to pay $225,000 in attorney and expert fees.

A Safari West spokeswoman would not disclose terms of a 2011 settlement with Skaff. You can reach Staff Writer Paul Payne at 707-568-5312 or paul.payne@pressdemocrat. com. On Twitter @ppayne.