SAN JOSE (KCBS) – A popular San Jose deli will be closing its doors, after 67 years in business. The owner said it will be too expensive to comply with a lawsuit pointing out violations with the Americans with Disabilities Act.

Time Deli on South Bascom Avenue will be serving its sandwiches for the last time on Saturday.

Owner Don Bergher said a lawyer has sued them for not complying with requirements for the disabled.

“We got in a lawsuit with the ADA lawyer. Apparently he came in here and saw that the bathrooms and the parking and a few other things were not in compliance. So, it opened a can of worms,” Bergher told KCBS.

The suit was filed by attorney Scott Johnson, who has filed thousands of ADA lawsuits against small businesses in the Bay Area.

“So to redo everything, this whole building, it’s going to cost a lot of money,” Bergh said.

Johnson’s critics say the lawsuits are not about principle, so much as profiteering. “I, as a disabled person, really take that as an insult to my disability,” said customer Karen Oie. “Most of us work so hard to live normal lives and not call attention to our disabilities, that it’s really a big poke in the eye.”

Johnson did not return calls asking for a comment.

In a recent KPIX 5 analysis, Johnson has filed more than 2,000 such lawsuits going back to 2004.

“The law should be changed for mom-and-pop businesses like ours,” said Bergher. “Something has to change.”

Bergher plans to continue operating his catering service.

“Watch out for the truck, stay loyal. The Time Deli will still be out there and serving our great food,” he said.


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