These unwarranted lawsuits based on technical violations are just wrong. They cost jobs and push businesses out permanently or force them to leave California. Thankfully, U.S. Rep. Duncan Hunter (R-El Cajon) is proposing a common sense bill, HR 881, "The ADA Notification Act of 2011," which would eliminate thousands of predatory ADA lawsuits and at the same time improve public access for disabled individuals.
Presently, enforcement of the act relies on private lawsuits, often through "drive-by" attorneys who file dozens of unwarranted ADA lawsuits daily suing small businesses up to $4,000 for each technical violation. These generate millions of dollars of unnecessary legal fees. Small businesses are forced to pay ransom fees to make the case go away without any real accessibility improvements.
Predatory lawsuits serve no purpose other than lining the pockets of those who use the loophole for their own personal gain.
In an attempt to fix the problem, the California Legislature passed a law three years ago creating the California Disability Access Commission, whose purpose is to ensure complete access to public places for the disabled while reducing unwarranted litigation.
Despite the commission's best intentions, the new ADA regulations remain long and complicated exceeding 500 pages of minutely detailed specifications that change yearly. Compliance with ADA standards is complex, difficult and expensive, even for the most conscientious businesses. Small businesses may pass inspections and even hire compliance specialists but still find themselves subject to an ADA lawsuit.
