Disability advocates say 'cure period' bad idea for ADA lawsuits

[mark handler]

Disability advocates say 'cure period' bad idea for ADA lawsuits
https://article.wn.com/view/2016/12/27/Disability_advocates_say_cure_period_bad_idea_for_ADA_lawsui/

Advocates for people with disabilities say a push by Arizona lawmakers to give businesses a "cure period" to solve problems with the Americans with Disabilities Act isn't a workable solution.

State lawmakers are proposing legislation that would give businesses 90 days to fix any violation of the ADA. This move comes after a growing number of lawsuits targeting businesses for ADA violations, particularly more than 1,700 such lawsuits brought by the group Advocates for Individuals with Disabilities in Phoenix.

Lawmakers and advocates for the disabled may be battling over the best way for businesses to fix problems that run afoul of the Americans with Disabilities Act.
Enlarge
Lawmakers and advocates for the disabled may be battling over the best way for businesses… more

The move has brought other advocates out saying a cure period may not be the best way to go,

 

[conarb]

Advocates for people with disabilities say a push by Arizona lawmakers to give businesses a "cure period" to solve problems with the Americans with Disabilities Act isn't a workable solution.

Of course not, it can hinder their game of blackmailing people to make money, which is really what it's all about.

 

[ADAguy]

How are the business's to be entitled to a 'get out of jail free card" for a caught violation of law, when you or I cannot usually escape a traffic ticket. The ADA and the Unrhu Act were written to make the disabled the ADA cops.
don't like that fact then rewrite the law (I'm sure "T" will support you to reduce government expense). Unrhu, not as likely.

 

[conarb]

How are the business's to be entitled to a 'get out of jail free card" for a caught violation of law, when you or I cannot usually escape a traffic ticket. The ADA and the Unrhu Act were written to make the disabled the ADA cops.
don't like that fact then rewrite the law (I'm sure "T" will support you to reduce government expense). Unrhu, not as likely.

What if Trump repeals the law, he says he's going to get rid of regulations, then look at all the business that have paid the blackmail, how can they get their money back? Of course whatever Trump does California's Governor Moonbeam is going to keep pushing the Communist agenda and has even retained that criminal attorney Eric Holder who is in contempt of Congress, Holder doesn't obey the law, why should we? Maybe Trump's Attorney General Sessions will prosecute Holder so he can't represent California, unless he does it from prison.

 

[tmurray]

Don't you folks have a constitutional amendment that prohibits prosecution for things done in the past that were legal at the time, but a law was created after the fact? How does ADA jive with this? Sorry, that may be off topic, but just something that I thought of.

 

[conarb]

Don't you folks have a constitutional amendment that prohibits prosecution for things done in the past that were legal at the time, but a law was created after the fact? How does ADA jive with this? Sorry, that may be off topic, but just something that I thought of.

Yeah, they are called "Ex Post Facto" laws and are unconstitutional, the major constitutional violation is the 14th Amendment of treating one class of citizens differently than other classes of citizens. If this can ever get to the Supreme Court Justice Thomas has written extensively about the constitutionality of regulations written by unelected government agencies.

It's not going to be easy getting rid of this stuff, I read an analysis this morning:

Regulatory matters: The Trump Administration will have significant discretion in revising regulations promulgated during the Obama Administration, subject to a few general constraints: they must follow federal rulemaking procedures, which can often take over a year to finalize a regulation; they must remain within the bounds of the laws Congress has enacted—regulatory actions are generally about filling in the missing details in the laws that Congress has passed; and Obama Administration appointees might continue to serve at independent agencies or commissions after inauguration, as their terms do not follow the four-year presidential cycle. That said, we expect to see the Trump Administration attempt to modify some of the Obama Administration’s regulatory initiatives.

Most of this predated the Obama Administration, everything is basically going to have to be rewritten and he's got more important things on his plate, repealing Obamacare is number one and tax cuts are number two, disabled people ripping others off is far down the list.

 

[mtlogcabin]

Some states have screwed up the the process by allowing direct access to the courts. If the states just followed the DOJ and how they do it then you would not have people trying to make money off of the system.

ADA Mediation Program
In enacting the ADA, Congress specifically encouraged the use of alternative means of dispute resolution, including mediation, to resolve ADA disputes. Through its ADA Mediation Program, the Department refers appropriate ADA disputes to mediators at no cost to the parties. The mediators in the Department of Justice program are professional mediators who have been trained in the legal requirements of the ADA. The Department's program has already resolved many ADA disputes quickly and effectively.

What is mediation?
Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation.

Mediation proceedings are confidential and voluntary for all parties. Mediation typically involves one or more meetings between the disputing parties and the mediator. It may also involve one or more confidential sessions between individual parties and the mediator.

Representation by an attorney is permitted, but not required, in mediation. While mediators may not give legal advice or interpret the law, they will refer parties to impartial outside experts within the disability and legal communities when questions or issues needing clarification arise.

A successful mediation results in a binding agreement between the parties. If mediation is unsuccessful and an agreement cannot be reached, parties may still pursue all legal remedies provided under the ADA, including private lawsuits.
Complaints under both title II (public entities) and title III (private entities) can be mediated. Disputes involving barrier removal or program accessibility, modification of policies, and effective communication are most appropriate for mediation.

To work to resolve an ADA dispute through the Department's program, simply follow the usual procedure for filing a complaint with the Department and note on the complaint that you want to take your dispute to mediation. While the Department cannot guarantee that everyone who wants mediation will be able to participate in the program, it will make every effort to comply with requests for mediation.

Questions and Answers for Mediation Providers | PDF

Questions and Answers for Parties to Mediation | PDF

 

[ADAguy]

How long must you wait for a mediator to be appointed?

 

[Msradell]

How long must you wait for a mediator to be appointed?

Unless it's it's something that involves a major corporation the DOJ is going to get in any kind of a hurry about it to put it mildly.

 

[mtlogcabin]

How long does it take through the courts?
The states that allow/encourage law suits could set up a system similar to the DOJ's and eliminate the motivation to make money from lawsuits and achieve compliance which is the desired result of the ADA civil rights laws.

 

[conarb]

How long does it take through the courts?
The states that allow/encourage law suits could set up a system similar to the DOJ's and eliminate the motivation to make money from lawsuits and achieve compliance which is the desired result of the ADA civil rights laws.

Mountain Man, is compliance with regulations really the only "desired result", or is making money suing businesses also a "desired result"? Let's face it, it's got to be very difficult for most disabled people to earn a living, most activists are in the game to make money under the cloak of being "do-gooders", last year I had to go to a large plaster supply company in one of the worst parts of Oakland, across from the supply company was a recycling yard, old junk trucks dripping oil all over the place were pulling in, inside there were a lot of Hippie looking people, including young women, sorting through piles of junk, is the goal recycling or is it also a way for people who are on the lower end of society to make money? The same with building permits, how much are they for insuring code compliance, and how much are they for AHJs to make money?

 

[ADAguy]

The ultimate pestimiss are you?

 

[mtlogcabin]

Definition: Pessimist is an optimist with no experience.

 

[ADAguy]

But he seems to believe he has all the answers, based on "his" experiences.

 

[conarb]

ADAguy:

Haven't you ever wondered where all the money and political pressure has come from to bring disability rights on us? The answer is the most evil man in the world, George Soros, he financed all the violence of blacklivesmatter, he has financed the U.S. invasion of Syria through The Clinton Foundation that has released millions of people from the middle east and Africa all over Europe destroying European economies and culture, he believes in creating chaos in order to achieve a New World Order of one world government. In the video below, when Soros talks about disability it isn't really about people in wheelchairs, it's about mentally ill people, teachers are leaving schools because they can't teach with morons sitting in the same classroom.

Watch Soros talk about disability.

Putin has thrown him and all of the NGOs out of the Russian Federation and issued a warrant for his arrest, today his native Hungary has thrown him and his NGOs out, hopefully Trump will throw them out of our country and the ADA with him:

The European Union member, and native country of Soros, will use "all the tools at its disposal" to “sweep out” NGOs funded by the Hungarian-born financier, which “serve global capitalists and back political correctness over national governments,” Szilard Nemeth, a vice president of the ruling Fidesz party, told reporters on Tuesday. No one answered the phone at the Open Society Institute in Budapest when Bloomberg News called outside business hours.¹

I've posted links before to the speech wherein George H.W. Bush declared the New World Order, the same Bush who pushed and signed the ADA, their goal is to destroy all nations including the United States and all boundaries so the poor world-wide can migrate freely from poor nations to entitlement nations, bankrupting first world countries redistributing wealth to the poor.

¹ http://www.zerohedge.com/news/2017-...ackdown-all-george-soros-funded-organizations