Peter Jose Smith is often seen rolling down University Avenue on in-line skates, a firm grip on the wheelchair before him with a kitten in its seat and a giant American flag attached at the mast. But there are some places he's told he can't roll, so he's headed to court next month to try to change that.

Smith said that for the past few years, he's been using skates with the support of a wheelchair to get around because it's less painful than walking. But Mercado Latino owner Hugo Martinez said Smith was a longtime visitor to the store whom he had never seen wearing skates before that day. He said Smith has a history of filing lawsuits against companies around town and he suspects the latest one is another attempt to get quick cash.

"That was a very sudden thing that he suddenly required Rollerblades," Martinez said. "I don't know what his real goals are, but from what I can see, it just looks like somebody who's looking for money."

Smith appears to have a recent history of litigation: In addition to an earlier suit against Mercado Latino, he also filed against Hollywood Suits and Nu Skin Enterprises in August 2007 for similar disability-related claims. All three cases were dismissed. Smith said the first Mercado Latino suit was dropped at his request, and he has since reached a settlement with Hollywood Suits. He declined to elaborate.

The conflict between Smith and Mercado Latino, located at 275 S. University Ave. in Provo, began more than two years ago, when Martinez said Smith was riding quickly in the store and bumped into another customer. That's what prompted him to ask Smith to leave, citing store policy that prohibits skates and skateboards inside. He said Smith's response was "mean-spirited."

"He told us that we were in violation," Martinez said. "He was pretty much telling us that we had to let him in with Rollerblades, or else."

Smith remembered the encounter differently, saying it was a civil exchange in which he explained the perceived violation to Martinez and that he needed the skates to get around. He also said he had switched to using skates a few months prior as his condition worsened, but had not returned to the store for a while.

"I'd just started using them that summer," he said.

Smith followed the incident with a volley of letters to the store over the years. He first threatened litigation in November 2006, but didn't act on it. He said it was because he wanted to do the "Christian" thing.

"I told them I would give them one more chance to repent and let me back in their store," he said.

He also asked Provo police to rectify the situation but said he was told they weren't responsible for enforcing the ADA. They referred him to the Justice Department to make a complaint, he said.

In June 2007, Smith sent another letter to Mercado Latino, offering to make peace if he was allowed back into the store. He said none of his correspondence received replies. So he took to protesting.

On three separate occasions in June and July, he positioned himself on the sidewalk in front of Mercado Latino with large signs with messages like "Don't dis the disabled" in both English and Spanish, a language in which Smith is fluent. Each time, Martinez called the police, who asked Smith to leave -- except for the third time, when Smith first sought a permit for protesting.

"I've had to call the police a couple of times because of actions he was taking," Martinez said. "He yelled at a couple of customers as they were coming into our building. I'm not going to have somebody standing outside scaring our customers."

When Mercado Latino didn't acquiesce, Smith said he appealed to the Justice Department and filed a lawsuit in 4th District Court in Provo in August 2007. He said he later asked the judge to withdraw the lawsuit because he again struggled with the "Christian" thing to do. The Justice Department complaint is still pending.

"Justice is slow in the Justice Department," Smith said. A woman who answered the phone in the department's Disability Rights Section verified that the complaint had been received, but said she could not discuss its status.

Last month, Smith revisited his decision to pursue litigation. He said Martinez's refusal to relent or apologize has forced him to reconsider. He filed a second suit, this time in federal court, seeking $1,000 in damages and access to the store.

"They need to pay for what they've done," he said.

Martinez said he views the lawsuit as frivolous and hopes to get it over with as quickly as possible.

"He wants $1,000 from us or else he's going to continue to protest against us or whatever," he said. "I can't be wasting my time like this. I'm going to try to conclude this as quickly and as inexpensively as possible."

The men will meet in court in August.

• Ace Stryker can be reached at 344-2556 or at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it