First, a true story: In the Summer of 1994, Scott Cole, our law firm’s founder, took on one of the world‘s largest oil refining companies on behalf of several towns poisoned by corporate greed. Through that experience, he saw first-hand what tragedy can result when big business goes unchecked. But he also learned what remarkable things the legal system can do so to level the playing field. That’s why, today, our firm only employs civil rights experts, people passionate about protecting it. Scott Cole’s “Fallout” book tells the tale of how our journey started.
In the decades since, our firm has been devoted to protecting the right to clean air, consumer privacy, and against all forms of discrimination. Eradicating fragrance use in public accommodations is a natural evolutionary step. We are dedicating substantial resources toward banning fragrance use in hotels, restaurants, medical facilities, retail stores—you name it. Where people with chemical disabilities can’t equally enjoy the benefits others can, we will litigate fiercely until we see change.
UPDATE: WE NEED MORE CA BUSINESSES. If you have been denied access due to fragrance use in California, contact us today. To learn more about where we are in the campaign, check out our recent appearance on the POTScast, Episode 327: Mast Cell Matters.
Where all this is headed: We will continue filing lawsuits, securing injunctions and seeking damages where necessary. We will be relentless about meeting these objectives. We have put, literally, thousands of hours into this campaign already–but we need your help.
Partner with us on these cases. We can’t bring lawsuits without clients. It’s not complicated stuff; just tell us what places you visited that employed fragrance or places you can’t visit at all due to fragrance use. Then, join us to challenge those practices and make change. One by one, we’ll sue to stop their unlawful conduct, compelling other businesses to stop it themselves.
For almost 35 years, our firm has championed causes and made change many thought impossible. If you think “changing the world” is too ambitious, you really should call us. We can and we will.
You qualify if you visited a U.S. business, experienced fragrance being dispersed by that company and you had a health reaction; and you would like to go back (but can’t (because you knew it uses fragrance).
We are starting a movement toward eradicating fragrance use in businesses everywhere. Dumping dangerous chemicals onto disabled persons as they enter and leave businesses, when they eat in restaurants, or ride on busses, sail on cruise ships, go to work, etc. is shameful conduct. Therefore, we are stepping up and using the legal system to stop this blatant discrimination. It’s about time that law firm steps up to pioneer this important and long-overdue campaign. That law firm is ours.
The path is simple–one case at a time. We’ve made big change like this before and we’ll do it again here. The injunctions we will secure can guarantee equal access to businesses, increase awareness, and give back to you the dignity you deserve. Some of these cases will also seek money damages as a result of the unlawful conduct but, first and foremost, they seek to make change. You can be a part of that.
Please note, however, we are not suing fragrance manufacturers at this time. Not just yet. Our cases are about your safety and freedom to visit any business you like. As such, these are anti-discrimination cases, not “products liability” cases. We are not dictating what other people cannot wear—so long as YOU are not forced to smell it. When the public and companies see what we’re doing, other businesses will voluntarily stop using fragrance, and will adopt anti-fragrance policies. Problem solved.
As we cut off the demand for synthetic fragrance products, we’ll cut off supply–and you’ll be able to breathe better again.
No, except that we are focused currently on suing business pursuant to U.S. federal law, and so the company must do business in the U.S. Where YOU live is relatively unimportant. All that is required is that you either visited the target company and experienced fragrance, OR that you could not visit such a business since you have evidence it uses fragrance.
As we tell all of our clients, please do not worry about whether you are or are not eligible to participate. Please do not decide to exclude yourself from this important campaign based on your assumptions about what the law allows. Let us review your situation, make that decision and properly advise you.
After you sign up, we file the case. The company sued then responds. It may challenge the facts or the structure of our filing. It may wish to settle by changing its practice or some other appropriate remedy. We handle all those projects and those discussions.
Your part of litgation is to answer questions simply as they pertain to you. We may have questions for you. The other side may also have questions. They can get those answers through us or may want to interview you. But this not a TV drama situation. It’s not scary. It’s just questions. We are also closely involved in every step of that short Q&A process.
Next, the other side may want to settle. We need your OK to settle. Or, they may not want to settle right away and want to fight about it through hearings. You are not part of that process but we’ll keep you updated. Or, a trial may occur. Trials in class actions are rare but, for you, it’s just the same questions.
These are not complicated steps and your role is limited. We keep it that way on purpose: We do not want anyone feeling blocked from pursuing the legal right to be kept safe and healthy.
Well, that depends on the goals for the case. If the companies we sue are willing to stop using fragrance, our work is done. If they want to fight about it, however, OK and good luck with that. Litigation is what we do best.
Whatever your goals, contact us and we’ll tell you what you can expect.
No. We don’t get paid for our legal work unless (and until) you win. We front all costs and bear all the financial risk. That motivates us to fight hard in every case. If we win for you, you get paid. If you don’t win, we won’t charge you anything. That’s how confident we are.
As a quick search on the internet will show, we’ve now started our litigation campaign by filing lawsuits in court, and this movement is getting a lot of positive attention. Now, we need your help to keep it going.
Contact us today to let us know what companies should be next and visit our Fragrance Investigations page to keep up to date with our cases. Do you want clean air? What are you waiting for?
No. A diagnosis by a licensed physician (e.g., a licensed allergist) of chemical sensitivity (or a closely related condition) is ideal but certainly not necessary so as to participate in one of our lawsuits. The Americans with Disabilities Act protects individuals whose condition(s) substantially limits a major life activity. If a major life activity–such as breathing, thinking clearly or another important activity–is adversely impacted by exposure to fragrance, you should contact us.
Don’t worry. “Evidence” takes many forms and, while documents to prove your claim are certainly helpful, they are seldom required.
We’re very good at finding creative solutions and uncovering the necessary facts for you.
Experience. Strategy. Grit.
Experience: Not all lawyers are wired in the same way. Our firm was founded in 1992 and we’ve been committed to handling civil rights claims ever since. In fact, our first class action ever (in 1994) was over an airborne chemical release case that hurt people badly and then made national news. As such, we learned some valuable lessons early. Today, our team brings decades of experience to bear in every case and in every state.
Strategy: We look at legal and factual issues at deep levels and are not satisfied until we’ve gamed out every move. For us, litigation is a chess game, and our passion for it shows.
Grit: This, we have in abundance. Every law firm has a different “culture” and approach to representing its clients. Ours favors very aggressive representation, and we never back down from a fight. Ask yourself why no other firm is taking these bold steps to stop fragrance. We also negotiate good deals–if that’s what you want. We “leave nothing on the table” and our remarkable record shows it.
Fragrance sensitivity is not about disliking bad smells. People with this condition don’t usually react to smelling a garden flower. Chemical (including fragrance) sensitivity is about an extreme physiological reaction to certain synthetic compounds (e.g., fragrances) that contain dangerous and usually undisclosed pollutants. It is also a disability recognized under the law. Unfortunately, people who do not experience these reactions don’t usually understand the debilitating impact fragrance has on the lives of people who do. Our law firm is here to change that.
Note also that the effects of synthetic fragrance can vary in duration and severity, depending on the person—usually causing migraines and breathing difficulties, but also having longer term impacts including neurological, cardiovascular, respiratory, reproductive, immune and endocrine system problems. If you suffer from fragrance sensitivity, you know all too well what we’re talking about.
The Americans with Disabilities Act is truly why our law firm came to exist. CVN was born out of a desire to help those who otherwise struggled to use the law’s anti-discrimination protections and those who saw litigation against Big Business as a prohibitively daunting task.
The ADA provides civil rights protections to individuals with disabilities and guarantees them equal opportunity in public accommodations, employment, transportation, state and local government services, and telecommunications.
In CVN’s anti-fragrance movement, our firm is using provisions of the ADA to guarantee equal access to public accommodations for persons with disabilities.
Every state may have different laws to protect persons with physical challenges. The most widely applied law is the federal Americans with Disabilities Act but check your state’s own laws or just contact us for more information. Some examples of laws that lead the nation on these issues include:
Americans with Disabilities Act (42 U.S.C. §§ 12101, et seq.);
Unruh Civil Rights Act (Cal. Civil Code §§ 51);
False Advertising Act (Cal. Business and Professions Code §§ 17500, et seq.);
Consumers Legal Remedies Act (California Code, Civil Code § 1750, et seq.);
Unfair Competition Law (Cal. Business and Professions Code §§ 17200, et seq.)
Just filling out a form on our website does not commit our law firm to taking on every case that comes our way. We wish we could. We wish we could help every single individual with his/her legal problem, but some cases are just not viable or don’t fit within the parameters of our law practice. Alternatively, some individuals contact us about a case we have already filed on behalf of someone else, and there is no need to add more people or to file yet another case over the same event. Finally, other times, we have not gotten back to you because we are simply too busy for a prompter response. Our law firm receives over 100 requests for representation every day; if we took on every case, we would not be able to provide the level of quality representation that you deserve.
If you contacted us for representation and/or submitted a form on our website, and have not yet heard back from us, don’t despair. Simply send us an email asking whether we can accept your claim and we will endeavor to respond as fast as we can.
Class action cases are wonderful tools for bringing together the claims of many people in one lawsuit. In these “representative” cases, just one person becomes the spokesperson for many, sometimes even millions of people harmed by the same company and the same unlawful practice.
No Need for others to Join: If you know of witnesses to your dispute or others who suffered the way you did, we want to know that, but you have no obligation to go out and find them. “The power of one” makes the class action a very powerful way to get justice–and a potentially huge result–to a large number of impacted people.
See also, what is a class action (Wikipedia)?
Together, the legal system, grit and hard work can make change, big change. If you still don’t believe it, read this:
You have rights, as a tax taxpayer, and as a human being. You have the right to vote, the right to free speech, the right to not tolerate discrimination, and generations of people have fought hard for you to enjoy those rights. You cannot be discriminated against for invoking your rights, nor would most businesses even try. They know a retaliation claim for doing so would be incredibly expensive for them, not to mention the negative press and loss of customer support that would follow. And they know we would pursue precisely that.
We know people worry but you don’t have to worry about this.
We are civil and consumer rights attorneys, and we take protecting you quite seriously. After nearly 35 years of doing exactly that, we wouldn’t still be around if we put up with anything less.
Generally, no. Filing a case requires filing a document in the court system. Theoretically, therefore, the public could see that case and your name associated with it, assuming somebody went looking for it and knew what to look for. Having said that, we find it highly unlikely that anyone would be bothered that you were associated with a case aimed at protecting your rights and the rights of others. Moreover, millions of cases are filed every year in this country, making any particular lawsuit fairly uneventful. Most of all, and maybe we are idealistic in saying this, but we think making your voice heard, standing up for your rights, and making change where needed are things of which you should be proud, and we think others would too.
