The reforms the California Legislature put in place three years ago to mitigate the problems of Americans with Disabilities Act (ADA) abuse are not working (Re: "Costa Mesa Bar Sued in ADA Compliance Lawsuit," July 8). Despite the California Commission on Disability Access' best intentions, small-business owners are still facing abusive ADA lawsuits.
U.S. Rep. Duncan Hunter (R-San Diego) has recognized this issue in federal ADA lawsuits, and has introduced H.R. 881, the "ADA Notification Act," which would require a plaintiff to first provide a defendant with notification and an opportunity to correct a violation before the plaintiff may commence a civil action and force the business owner to incur legal costs.
If H.R. 881 were in place, the business owners would face fewer ADA lawsuits. Instead of paying a $4,000 fine per technical violation or waging a costly legal battle, they could simply bring their businesses into compliance. Sadly, the California Legislature defeated similar legislation this year.