COLOR PICTURES AT www.aspecialdayguide.com/bimart

Contact; Daniel A. Bernath 503.639.6666 www.DisabilityPaycheck.com

Attorney Daniel Bernath, who represents more than 400 disabled people before the Social Security Administration Court (ODAR) has taken the law into his own hands and is hauling BI MART, its president, managers and employees to Court to answer for their alleged violation of the law by blocking handicapped parking spaces in front of the BI MART store at the Tigard Marketplace Shopping Center at 13500 SW Pacific.

Bernath says, “On April 26, 2008 BI MART had commandeered the handicapped parking spaces to sell or give away merchandise. I told BI MART to move those things out of there and when they refused I called the Tigard Police.”

Bernath was disappointed that after witnessing the violations the Tigard Police did nothing and upon demand of the Tigard Police the Chief’s Assistant admitted that “no ticket was issued” to BI MART. Indeed, three Tigard policemen, including one senior officer witnessed the alleged law breaking, made photographs but did nothing.

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Attorney Bernath says, “Oregon has a unique law whereby a private citizen, who is not a police officer, can file a complaint with the Court and it works just like if a policeman gave you a ticket. You have to pay the ticket or defend yourself in a trial.”  Oregon Revised Statutes (ORS) §153.048 et seq

Bernath has repeatedly in the past warned people who do not have handicapped plaques to remove their car from handicapped parking spaces. “Every time I’ve told illegal users of handicapped spots to move out, they’ve been very sorry and they’ve quickly moved. I am astonished at the arrogance of BI MART to simply ignore the warning sign right next to them and my warning of their law breaking and to make their handicapped customers and wounded war veterans painfully search and scramble to find distance parking spaces and use their crutches, canes and walkers to buy what they need from BI MART.

”

The Washington County Court will receive the “citizen summons” and will set a Court date for the BI MART defendants to pled, pay their fine or face a jury trial. Earlier April 20, 2008 attorney Eric Bryant issued citations to a Portland Policeman for illegal parking and illegal operation of an emergency vehicle using Oregon's citizen citation law. “When the police won’t follow the law or they turn their back on lawbreaking then it is our duty as Oregon citizens to use our Courts and enforce the law in their place” said disability attorney Daniel Bernath of Tigard.

Daniel A. Bernath, Lawyer
On behalf of the
The People of
the State of Oregon
13500 SW Pacific Hwy.
PMB #202
Tigard OR 97223  (503) 639-6666  USSYorktownCVS10@juno.com

Oregon Citation and Complaint
and summons
by person other than a law enforcement officer
State of Oregon
City of Tigard
County of Washington

Your court appearance Date, Time and location are:

Date: To be set by this Honorable  court

Time:  To be set

Location: Washington County Court, Hillsboro Oregon

Daniel A. Bernath is a private party and a person other than a law enforcement officer (hereinafter PPOTLEO) , a lawyer who represents disabled persons before the US Social Security Administration http://www.DisabilityPaycheck.com and advises wounded US veterans of foreign wars as to their rights, and hereby commences this violation proceedings against defendants by filing this complaint with a court that has jurisdiction over the violations pursuant to Oregon Revised Statutes (ORS) §153.048 et seq

Private Party Daniel A. Bernath has a possessory interest and/or ownership interest in the premises and abutting parking lot with a lease since on or about 1994 and like BI MART is a tenant of the property, commonly known as the Tigard Marketplace, located at 13500 SW Pacific, Tigard Oregon, 97223.

Defendant BI MART is a corporation located at 220 S. Seneca Rd. Eugene, OR 97402 and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes.

Defendant Marty W. Smith is an individual and is Chairman and Chief Executive of BI MART and is located at 220 S. Seneca Rd. Eugene, OR 97402 and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes.

Defendant 13500 LLC Pacific Corp., address 21500 Haggerty Rd #100, Northville Michigan 48617 is an owner of the premises and parking lot commonly known as the Tigard Marketplace and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes.

Defendant 1350 LLC, address 15295 SW Bull Mt Rod, Tigard 97224 is an owner of the premises and parking lot commonly known as the Tigard Marketplace and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes.

PPOTLEO is informed and believes and thereupon alleges that Defendant Beverly Sue Faulkner address 12551 SW Morgen Rd, Sherwood OR 97140 503.620.2940 is an employee of BI MART and stockholder of BI MART.

PPOTLEO is informed and believes and thereupon alleges that Defendant Desire Quezada, 11980 SW 199^th, Tigard Or 97223 is an employee of BI MART and stockholder of BI MART.

PPOTLEO is informed and believes and thereupon alleges that Defendant Marcus Moran address BI MART, 13500 SW Pacific, Tigard OR 97223 is a manager of the premises and parking lot commonly known as the Tigard Marketplace and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes.

PPOTLEO is informed and believes and thereupon alleges that Defendant Joel Hastings address BI MART, 13500 SW Pacific, Tigard OR 97223 is a manager of the premises and parking lot commonly known as the Tigard Marketplace and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes.

PPOTLEO is informed and believes and thereupon alleges that Defendant Kyle Sanders address 13150 SW Burlwood St Beaverton OR 97005-1211 is an employee of BI MART and stockholder of BI MART.

PPOTLEO is informed and believes and thereupon alleges that Defendant Lee Edward Zill address 10670 SW Garden Park Pl, Tigard OR 97223 is a manager of the premises and parking lot commonly known as the Tigard Marketplace and as such there is a presumption that the owner or manager of the parking lot placed or allowed placement of the objects blocking access to the parking spaces and fire lanes. Defendant Zill is also an employee and stockholder of BI MART.

PPOTLEO is informed and believes and thereupon alleges that Garda, operating armored car license number Y113643 is an agent of defendant BI MART whose address is 13500 SW Pacific Hwy, Tigard OR 97223 and in the actions described herein was acting on its own behalf and as agent for BI MART.

PPOTLEO is informed and believes and thereupon alleges that Iwasaki Bros., Inc. is a corporation, address 2555 SE Minter Br. Rd. Hillsboro, Oregon 97123 and in the actions described herein was acting on its own behalf and as agent for BI MART.

PPOTLEO is informed and believes and thereupon alleges that DOE Number One picks up and delivers items to BI MART and cleans the parking lot at the premises commonly known as the Tigard Marketplace and was acting on his own behalf and as agent for BI MART Corporation.

PPOTLEO is informed and believes and thereupon alleges that police officer
Eric Enzenberger,
Gerald Bartolomucci
and
Rod Morse
are sworn police officers of the City of Tigard Police Department and all times relevant witnessed the violations of the ORS as stated herein and/or were aware of these serious and dangerous violations of these defendants as these police officers patrolled Pacific Highway in the City of Tigard;
These sworn police officers did not and refused to issue criminal and other citations to the employees of BI MART, BI MART and agents of BI MART and at other times while on patrol for the people of the City of Tigard saw further violations against the handicapped and disabled people of the State of Oregon and the disabled people of Tigard;  Click on picture to make bigger
Police officer Eric Enzenberger, Gerald Bartolomucci and Rod Morse did not do their duty and thus committed malfeasance and misfeasance and did not require that the BI MART Defendants rectify their dangerous and unlawful behavior and did not issue citations for the BI MART Defendants to appear in Court for their violations both as to fire and safety laws and of unlawful use of handicapped parking spaces and the blocking of fire lanes in front of BI MART even though they witnessed same and made photographs of same, could witness the ongoing lawlessness of BI MART and BI MART’s employees and agents, all to the detriment to the safety of the People of the State of Oregon and the handicapped people of the State of Oregon and City of Tigard.  Click on picture to make bigger
Indeed, Eric Enzenberger, Gerald Bartolomucci and Rod Morse did prevent and block private person Daniel A. Bernath, Esq., even though Bernath is authorized by law to do so, from conducting his investigation of the BI MART defendants and the gathering of evidence such as photograph making, measuring and surveying, removing blockages to handicapped parking spaces as is his right and duty pursuant to Chapter 367 ORS § 811.615 (1) 4 (a)(b) and interviewing of witnesses for this instant complaint and prosecution by the arresting private citizen Bernath by ordering that private citizen Bernath leave the area or be further incarcerated even though private party Daniel Bernath has, as does BI MART, have possessory rights at 13500 SW Pacific, Tigard Oregon and rights to investigate the facts and gather evidence in support of this complaint.

Count Number One

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Beverly Sue Faulkner,
Defendant Desire Quezada,
Defendant Marcus Moran,
Defendant Joel Hastings AND Defendant Kyle Sanders

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

At the following time and place in the above mentioned State and County on separate days of:
April 26, 2008,
April 27, 2008,
April 28, 2008,
April 29, 2008,
April 30, 2008,
May 1, 2008 and
May 2, 2008 defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.615 Unlawful parking in space reserved for persons with disabilities and ORS § 811.617 said violation of law regarding handicapped space Number Two, (looking from left to right facing BI MART at Tigard Marketplace.)
Base Fine: $450 per defendant per day for a total fine per defendant of 7 x $450=$3,150.00

 

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

At the following time and place in the above mentioned State and County, separate days of:
April 26, 2008,
April 27, 2008,
April 28, 2008,
April 29, 2008,
April 30, 2008,
May 1, 2008 and
May 2, 2008 defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.617 Blocking parking space reserved for persons with disabilities.
Base Fine: $450 per defendant per day for a total fine per defendant of 7 x $450=$3,150.00

Count Number THREE

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Beverly Sue Faulkner,
Defendant Desire Quezada,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Defendant Kyle Sanders

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein. Click on picture to make bigger

At the following time and place in the above mentioned State and County on separate days of:
April 26, 2008,
April 27, 2008,
April 28, 2008,
April 29, 2008,
April 30, 2008,
May 1, 2008 and
May 2, 2008 defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.615 Unlawful parking in space reserved for persons with disabilities and ORS § 811.617 said violation of law regarding handicapped space Number Three, (looking from left to right facing BI MART at Tigard Marketplace.)
Base Fine: $450 per defendant per day for a total fine per defendant of 7 x $450=$3,150.00

 

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

At the following time and place in the above mentioned State and County, separate days of:
April 26, 2008,
April 27, 2008,
April 28, 2008,
April 29, 2008,
April 30, 2008,
May 1, 2008 and
May 2, 2008 defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.617 Blocking parking space reserved for persons with disabilities said violation of law regarding handicapped space Number Three, (looking from left to right facing BI MART at Tigard Marketplace.)
.
Base Fine: $450 per defendant per day for a total fine per defendant of 7 x $450=$3,150.00

Count Number Five

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Garda, operating armored car
license number Y113643

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

On or about April 28, 2008 defendants did block the fire in front of BI MART for more than momentarily at any place where traffic control devices prohibit stopping while conducting business of behalf of BI MART and also carrying water and two to three bags of chips.

Such illegal stopping, standing or parking is a violation of ORS 811.550
Base Fine: Class D traffic violation

Count Number six

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Iwasaki Bros., Inc

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

On or about May 3, 2008 defendant Iwasaki Bros., Inc. did park a large van in front of BI MART in the Tigard Marketplace Shopping Center and for more than 30 minutes defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.615 Unlawful parking in space reserved for persons with disabilities and ORS § 811.617 said violation of law regarding handicapped space Number Two, (looking from left to right facing BI MART at Tigard Marketplace.)
Base Fine: $450 per defendant per day for a total fine per defendant of $450

Count Number seven

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Iwasaki Bros., Inc

 

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

On or about May 3, 2008 defendant Iwasaki Bros., Inc. did park a large van in front of BI MART in the Tigard Marketplace Shopping Center and for more than 30 minutes defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.617 Blocking parking space reserved for persons with disabilities. said violation of law regarding handicapped space Number Two, (looking from left to right facing BI MART at Tigard Marketplace.)
Base Fine: $450 per defendant per day for a total fine per defendant of $450

 

Count Number EIGHT

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Iwasaki Bros., Inc

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.



 

On or about May 3, 2008 defendant Iwasaki Bros., Inc. did park a large van in front of BI MART in the Tigard Marketplace Shopping Center and for more than 30 minutes defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.615 Unlawful parking in space reserved for persons with disabilities and ORS § 811.617 said violation of law regarding handicapped space Number Three, (looking from left to right facing BI MART at Tigard Marketplace.)
Base Fine: $450 per defendant per day for a total fine per defendant of $450

Count Number NINE

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Iwasaki Bros., Inc

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

On or about May 3, 2008 defendant Iwasaki Bros., Inc. did park a large van in front of BI MART in the Tigard Marketplace Shopping Center and for more than 30 minutes defendants and each of them commit the following offense of violating Oregon Revised Statues § 811.617 Blocking parking space reserved for persons with disabilities. said violation of law regarding handicapped space Number Three, (looking from left to right facing BI MART at Tigard Marketplace.)
Base Fine: $450 per defendant per day for a total fine per defendant of $450

 

Count Number ten

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Iwasaki Bros., Inc

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

On or about May 3, 2008 defendants did block the fire lane, for more than 30 minutes in front of BI MART for more than momentarily at a place where traffic control devices prohibit stopping while conducting business of behalf of BI MART while unloading merchandise. This violation occurred even though several traffic devises forbid this conduct and even though the loading bay and loading entrances were open behind the store and as such would not have caused the blocking of the fire lane, not obstructed traffic, not blocked handicapped parking spaces and would not have endangered the public as these unlawful acts as aforesaid have done.

Such illegal stopping, standing or parking is a violation of ORS 811.550
Base Fine: Class D traffic violation

Count Number ELEVEN

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Marcus Moran,
Defendant Joel Hastings AND
CBS CONSTRUCTION~DOE NUMBER ONE

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

On or about May 3, 2008 defendants did block the fire lane, for more than momentarily at a place where traffic control devices prohibit stopping while conducting business of behalf of BI MART while unloading merchandise. This violation occurred even though several traffic devises forbid this conduct and even though the loading bay and loading entrances were open behind the store and as such would not have caused the blocking of the fire lane, not obstructed traffic, not blocked handicapped parking spaces and would not have endangered the public as these unlawful acts as aforesaid have done.

Such illegal stopping, standing or parking is a violation of ORS 811.550
Base Fine: Class D traffic violation

Count Number twelve

against Defendants, BI MART,
Defendant Marty W. Smith,
Defendant 13500 LLC Pacific Corp,
Defendant 1350 LLC,
Defendant Beverly Sue Faulkner,
Defendant Desire Quezada,
Defendant Marcus Moran,
Defendant Joel Hastings AND
Defendant Kyle Sanders

PPOTLEO repeats and realleges paragraphs One through Fifteen as if fully set forth herein.

At the following time and place in the above mentioned State and County on April 26, 2008 defendants did block the fire lane, for more than momentarily to sell merchandise and/or give away merchandise. Such an action is a violation of the Oregon Revised Statutes as it required automobiles to go around the blockage by defendants and would have placed citizens in great danger so as to block access to the stores at the Tigard Marketplace by fire and rescue personnel.

I swear under ORS 53.045 and 153.990 and under other applicable law and under penalties for false swearing, do sear that I have sufficient grounds to and do believe that the above-mentioned defendants committed the above offenses and I have pursuant to law requested that this Honorable Court serve the defendants with this complaint.

Date issued: Sunday, July 13, 2008

____________________________________________________

Daniel A. Bernath, Esq. private party and a person other than a law enforcement
On behalf of the
The People of
the State of Oregon

(503) 639 6666 ussyorktown@comcast.net

****

footnote One.  Social Security attorney and competitor Alan Graf complained after a client of his fired Graf and hired Bernath.  Graf's complaint was investigated and dismissed.  Oregon State Bar has complained to the California Bar approximately five times that Bernath has been practicing law without a license. Bernath is a member of the California Bar and each complaint has been dismissed as having no foundation by the California Bar investigators.

footnote Two  Each complaint has been dismissed as lacking any foundation.

footnote Three  It is a obviously a humorous biography meant to entertain and not to be taken seriously, for example, "Bernath never takes more than 10 items through the express lane. Bernath rotates his tires, in a previous life Bernath was a stop light in front of the "old Bailey"."

footnote Four  Bernath is a 90% disabled veteran

footnote Five  Bernath made the call to police using OnStar and as it went through OnStar the call was delayed to Tigard Police

footnote Six  Bernath was set to sell poppies for the Veterans of Foreign Wars at a hardware store that day and was dressed in his US Navy at sea uniform

footnote Seven  Tigard Police did not issue a ticket for blocking handicapped parking space two and three even though three Tigard Police Officers,  including a senior officer, witnessed it and made photographsClick on picture to make bigger
Police officer Eric Enzenberger, Gerald Bartolomucci and Rod Morse did not do their duty

fn8  There is no exception to the law that permits BI MART to block two handicapped spaces out of the four in front of their store for a "special event."  The law is a strict liability law, meaning that if you violate the law for any reason then you must pay the fine.  Tigard Police should know that and would if they read the law.

fn9   fn 10  Bernath has no spotty history.  He vigorously prosecutes cases on behalf of his clients and his opponents make accusations which end up showing that Bernath was correct.  The spot is therefore on the failed accuser.

fn11 Bernath never had a malicious prosecution judgment against him.  The Oregon Supreme Court lied in its opinion.  Bernath has never been disciplined by the bar association in the nearly 25 years he has been an attorney at law.

fn 11 Bernath is one of the top three Social Security attorneys in Oregon and practicing in Californian, Idaho, Washington and Oregon and represents about 400 clients at this time.

fn 10  The Oregon State Bar is famous for having as its member Oregon Governor Neil Goldschmidt who repeatedly raped a child and also for having as its members attorneys who would not sue Goldschmidt on behalf of the child because Goldschmidt was too "powerful" and they didn't have the nerve to face Goldschmidt.  Oregon State Bar also refuses to discipline an attorney/administrative law judge who stole US Goverment property and called a woman "white Trash" and said he "has a problem" with interracial couples.  Read all about the "moral fitness required to be an Oregon lawyer" at http://www.OregonShyster.com "

fn 12  Social Security also must approve the fees of Oregon Bar Association Members and every other attorney who practices before that agency.

****

Pamplin newspapers (Tigard Times) is GIDDY for BI MART:  Apparently we should treat with great scrutiny a news organization that goes GIDDY for an advertiser:

fn13  Oregon Revised Statutes on strict liability for blocking handicapped parking spaces also applies to your Sandy store.