Opinion: Small businesses need help with ADA abuse
By Beth Gaines
In the Sacramento region, the original Squeeze Inn is the poster child of lawsuit abuse. A woman sued the famous burger joint for allegedly violating disability law even though she had no intention of ever doing business with them; she was merely a front for a predatory attorney looking for an easy mark.
Only wide-spread media attention and outrage spared the Squeeze Inn’s owner from going out of business. Others are not so fortunate.
Beth Gaines
The source of these shameful shakedowns is the federal Americans with Disabilities Act and its California counterpart law. Intended to end discrimination against people with disabilities and to integrate them into mainstream life, the act has improved the quality of life for countless Americans and I am inspired to see people with disabilities enjoy activities and attractions available to them as a result of these laws.
But for business owners, the ADA story is not so inspiring. Right now, lawyers drive by small businesses and look for the most trivial violations of disability law, such as having a railing height being off by a centimeter or parking lot striping not being the right shade of a particular color.
After noting these violations, the lawyers then send threatening letters to the businesses, demanding that they fix the violations and settle with them, usually for a few thousand dollars. If the owners refuse, the lawyers sue them in court for “damages” that would cost businesses even more money.
This ugly practice bears no resemblance to the noble intent of ADA law. It is a racket, and it needs to be shut down. That is why I have introduced two bills to restore some balance to ADA proceedings, protecting the rights of the disabled while helping business owners provide reasonable access to everyone.
The first reform, Assembly Bill 1878, would give California’s most vulnerable small businesses an opportunity to correct a disability violation before a lawsuit can be filed. Under this bill, once a business has received a written notice of violation, it would have 120 days to come into compliance. This common sense change would redirect the law away from lining lawyers’ pockets and back toward better access.
My second measure, Assembly Bill 1879, would require the state architect to compile a list of all federal and state disability access regulations, as well as identify any conflicts in those regulations. This would be a boon for businesses that want to adhere perfectly to the law but are overwhelmed with the conflicts and complexities of the state and federal systems.
Shortly after I introduced these measures, Sen. Dianne Feinstein, D-Calif., sent a letter to Darrell Steinberg, the state Senate president pro tem, encouraging him to advance legislation that will end these indefensible ADA lawsuits, and I am hopeful that Steinberg and our legislative colleagues will work with me to restore the intent of the Americans with Disabilities Act. These reforms are too important to be sacrificed to partisan politics.
We can do better than having lawyers continuously carpet bomb businesses with frivolous disability lawsuits. California should strike the right balance between ensuring real justice for real victims and giving businesses an opportunity to correct violations without being at the mercy of greedy lawyers.
My reforms strike that balance. It is way past time to put an end to the livelihoods of lawyers who have exploited landmark legislation and have caused so many mom-and-pop businesses unjustified grief.
Beth Gaines represents the 4th Assembly District, which includes portions of Sacramento, Placer, El Dorado and Alpine counties.
Good job, Beth! Simplify!
Federal laws almost seem to be complicated on purpose just to keep lawyers employed! Normal people can’t comply because they don’t know what the doggoned laws say!
Tort reform – for as long as I can remember liberals in the democratic party have blocked efforts at tort reform.
What we need is Americans to Wake UP and smell the stench.
The Democratic party is beyond question the party of the lawyers so don’t anyone argue that point.
And all you vacation rentals out there better take heed. they will be coming after you next. is your vacation rental ADA compliant? it better be…
Its interesting what people have commented on – and how the first ones to respond have used this article as a trigger for anti-regulatory or anti-Democrat rhetoric. People always look for ways to take advantage of laws, whether in this way or to avoid them, and I am sure that includes shop-keepers. Over time, given all the effort put into getting around the law, many laws end up having unintended consequences. But the proposed revisions in AB1878 and AB1879 that will clarify standards and allow 120 days for compliance before “damages” can be claimed, seems like a eminentely reasonable fix – unless you’re real attitude is to heck with people with disabilities?
Poor Beth. Perhaps you’ve never had anyone you were responsible for who was in a wheel chair, and couldn’t access the bathroom. Before anyone complains about compliance, take a wheelchair into your favorite place, try to get in the building, access a table, and go to the bathroom and wash up. No sympathy to those businesses who have done nice remodels, but left the same tiny bathroom that even an obese person couldn’t comfortably use. Stop complaining, and do what is right!
Beth – give back to the taxpayers the one million dollars that it cost for the two unnecessary special elections that it took for you to get elected two years ago, as part of yours and Ted’s scheme to freeze out other candidates. Your scam was very expensive for us taxpayers.
Citizen Kane I agree… knew I would find an anti-liberal rant when I saw the headline. Have a funny feeling there are a few lawyers int he Republican party as well. This law absolutely needs to be protected from abuse by lawyers who are making a living shaking down businesses.
The mindless redundant loop of teabagger stupidity is a relentless force.
America Needs Tort Reform!
Liberals continue to block the efforts and America continues to decline…
It’s not rocket science – it’s not hard to understand and it’s not hard to see.
We certainly don’t need “conservatives” like Ted and Beth Gaines, who together wasted nearly one million dollars of taxpayer money to ensure that Beth would inherit her husband’s Assembly seat. Hypocrites.
America needs tort reform to help break the spiral of decline brought on by the liberal democrats.
Wow. Lots of anti-business liberals screeching here, just because it’s a “conservative” politician putting this bill forward. The bill sounds like a win-win for everybody. Or are you lefties just so blinded with hatred for people of a different view point from your own that you can’t even read it?
Thanks Senator Feinstein(D) for actually getting things done on this important issue.
Yes, D Feinstein(D) did indeed lead from behind on this issue.
Knowing it was the right thing to do she got right in line once it was being done.
We have inaliable rights to life, liberty and the ‘pursuit’ of happiness. Not guaranteed happiness.
Why are some people making a living off of others’ businesses and shutting them down or making profit off it. If a business doens’t clear pathways, offer full-size restrooms etc, make your point known, don’t be a patron of this business, both or more. Why is one pursuit rewarded over anothers pursuit of a livihood?
Oops – livelihood
Thirty or forty years ago we did not see so many people with disabilities out and about because they stayed at home. Today they have many more opportunities to lead more normal lives because of the legislation to make traveling and doing business accessible and possible. These laws have provided that opportunity. The next step would be for those agencies who provide the business license to also give out information about what is required by law for those businesses before they even open. Yes, it would be costly, but less so if it is done before the business opens. The license could be contingent on having accessibility requirements in place. We went through all of this over thirty years ago, working in hospitals to make them accessible. This is not rocket science! The businesses need to be accessible before they open or they are not following the laws that have been passed. Just wait until you or your family member who is disabled need to get and about, and you will see the reason for this legislation. It is a matter of caring and respecting those who have limited ability to participate in life. This has to do with charity in our hearts, as a society.
Our economies (federal, state and local) are all destitute, we’re laying off cops, firemen and teachers, closing public parks, etc., but we have to spend millions (public and private) for ADA compliance. Where are the constraints on these ADA bureaucrats? Where’s the balance between helping the disabled with what is most needed and what we can actually afford?