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Minnesota Bill aims to curb ADA lawsuits
http://www.crowrivermedia.com/hutchinsonleader/news/business/bill-aims-to-curb-lawsuits/article_6492530e-c5f4-56b6-99e3-78a43d21820f.html
Legislation aimed at curbing the filing of abusive lawsuits under state disability laws, while encouraging businesses to provide full access to disabled customers, passed its first committee hearing in mid-March at the Legislature.
The bill passed the House Civil Law Committee on a bipartisan vote and was sent to the Senate Judiciary Committee.
The legislation has support of the business and disabled communities, according to the Minnesota Chamber.
“Having the state Chamber now working on a permanent way to protect our businesses is important,” said Mary Hodson, president of the Hutchinson Area Chamber of Commerce and Tourism Office. “The Minnesota Chamber understands the importance of each business in every community.”
The Minnesota Chamber of Commerce spearheaded the effort for legislation because during the past two years, more than 100 lawsuits have been filed against businesses throughout Minnesota. These lawsuits, filed primarily by one attorney, allege violations of the federal Americans with Disabilities Act and the Minnesota Human Rights Act.
Many of the violations have been technical in nature, and the notice of a lawsuit and request for money is often the first time a business learns about the alleged violations. The lawsuits appear to have the primary purpose of achieving attorney fees and monetary settlements versus improving access to the disabled.
“This legislation would help discourage these abusive lawsuits at the state level while encouraging more accessibility,” said Doug Loon, president of the Minnesota Chamber. “We do not want to protect businesses that refuse to correct a violation. If a business fails to fix the problem, it would be subject to the same lawsuits that are available under current law. However, a legislative fix is needed both at the state and federal levels to curb this troubling litigation practice.”
The biggest frustration, Loon said, is that most businesses — once notified about an access concern — have immediately taken steps to correct the problem. Yet, the lawsuits are not dropped and continue to seek large settlement awards. Many businesses wind up paying the settlement fee to the attorney rather than facing a costly court battle.
“Providing access to all customers is simply good for business,” Loon said. “Businesses would rather remove barriers to access than being in court.”
The Minnesota Chamber worked on the legislation with several organizations including the Minnesota State Council on Disability, Legal Aid and Minnesota Department of Human Rights.
Provisions of the bill
Key provisions of the bill include:
A demand letter sent to a business alleging ADA architectural violations must specify the barrier and provide the business time to fix the issue or submit a plan for fixing the issue. The letter cannot include a demand for a monetary settlement.
For businesses that have undertaken ADA audits by certified professionals to ensure they are in ADA compliance, the burden of proof shifts to the plaintiff to show there is a violation.
“We definitely agree with the Minnesota Chamber views on this topic. Access to our local businesses should be a major concern to store owners,” said Judy Hulterstrum, executive director of the Litchfield Chamber of Commerce. “We feel the key provisions would be business friendly. It makes sense to explain to a business owner what is wrong so it can be appropriately fixed instead of paying money to a lawyer. We are not aware of any Litchfield businesses to be contacted. If businesses are approached they should contact the Chamber office and we can provide information to assist.”
Hulterstrum said she knew of a business in Mankato and several businesses in Marshall, that had been involved in a lawsuit.
“Last year, the Marshall community had been hit hard by these lawsuits,” Hodson said. “As part of the Minnesota Chamber of Commerce Executives, we had heard about (Marshall Chamber Executive Director ) Cal Brink’s tireless work to support his local Marshall businesses and to protect them from further suits.”
Brink led an effort to — if not stop these suits — at least find a way to hinder the apparent ease of filing the suits, she said.
“Cal was kind enough to share the outcomes of their work, and the ADA Audit Package they developed,” Hodson said. “We’ve learned so much about compliance and regulations as they pertain to ADA, building, remodeling.”
The Hutchinson Chamber has copies of the ADA Audit Package, which is designed to help a business assess its accessibility through a 16-page document, Hodson said.
The audit helps businesses examine their property from a variety of angles — such as parking, counter height, and restrooms — and determine if they meet ADA requirements.
“The opportunity to inform our members not only of the suits, but also showcase opportunities for better customer care was important to us. We are here to support and educate our businesses — this was a big deal.”
Business owners can learn whether their business site is ADA compliant by working with the Minnesota State Council on Disability. The Council will work with small business owners to conduct building audits to ensure compliance. The Council also offers information for businesses on its website, www.disability. state.mn.us/publications. For more information, businesses can contact Margot Imdieke-Cross with the Minnesota State Council on Disability at 651-361-7805.
ADA compliance
Business owners can learn whether their business site is ADA compliant by working with the Minnesota State Council on Disability. The Council will work with small business owners to conduct building audits to ensure compliance. The Council also offers information for businesses on its website, www.disability. state.mn.us/publications. For more information, businesses can contact Margot Imdieke-Cross with the Minnesota State Council on Disability at 651-361-7805.
Businesses can use barrier removal audit to ensure they are ADA compliant
Compliance with the Americans with Disability Act is required for every business regardless of size or industry.
The Hutchinson Chamber of Commerce & Tourism Office, with the help of the Minnesota and Marshall chambers of commerce, put together the “ADA: Readily Achievable Barrier Removal Audit and Plan” packet.
The goal is to provide businesses with information to help them prepare their business, a partial audit to help them recognize potential issues, a readily achievable barrier removal plan, and information on resources that can help them with questions and concerns. Upon completion of the audit, businesses will receive a decal stating they have a readily achievable barrier removal plan in place.
The packet is available for free to Hutchinson Chamber members by calling the Chamber at 320-587-5252. Non-members can contact the Chamber office, as well, for information on how to obtain this information.
Business owners can learn whether their business site is ADA compliant by working with the Minnesota State Council on Disability. The Council will work with small business owners to conduct building audits to ensure compliance. The Council also offers information for businesses on its website, www.disability. state.mn.us/publications. For more information, businesses can contact Margot Imdieke-Cross with the Minnesota State Council on Disability at 651-361-7805.
http://www.crowrivermedia.com/hutchinsonleader/news/business/bill-aims-to-curb-lawsuits/article_6492530e-c5f4-56b6-99e3-78a43d21820f.html
Legislation aimed at curbing the filing of abusive lawsuits under state disability laws, while encouraging businesses to provide full access to disabled customers, passed its first committee hearing in mid-March at the Legislature.
The bill passed the House Civil Law Committee on a bipartisan vote and was sent to the Senate Judiciary Committee.
The legislation has support of the business and disabled communities, according to the Minnesota Chamber.
“Having the state Chamber now working on a permanent way to protect our businesses is important,” said Mary Hodson, president of the Hutchinson Area Chamber of Commerce and Tourism Office. “The Minnesota Chamber understands the importance of each business in every community.”
The Minnesota Chamber of Commerce spearheaded the effort for legislation because during the past two years, more than 100 lawsuits have been filed against businesses throughout Minnesota. These lawsuits, filed primarily by one attorney, allege violations of the federal Americans with Disabilities Act and the Minnesota Human Rights Act.
Many of the violations have been technical in nature, and the notice of a lawsuit and request for money is often the first time a business learns about the alleged violations. The lawsuits appear to have the primary purpose of achieving attorney fees and monetary settlements versus improving access to the disabled.
“This legislation would help discourage these abusive lawsuits at the state level while encouraging more accessibility,” said Doug Loon, president of the Minnesota Chamber. “We do not want to protect businesses that refuse to correct a violation. If a business fails to fix the problem, it would be subject to the same lawsuits that are available under current law. However, a legislative fix is needed both at the state and federal levels to curb this troubling litigation practice.”
The biggest frustration, Loon said, is that most businesses — once notified about an access concern — have immediately taken steps to correct the problem. Yet, the lawsuits are not dropped and continue to seek large settlement awards. Many businesses wind up paying the settlement fee to the attorney rather than facing a costly court battle.
“Providing access to all customers is simply good for business,” Loon said. “Businesses would rather remove barriers to access than being in court.”
The Minnesota Chamber worked on the legislation with several organizations including the Minnesota State Council on Disability, Legal Aid and Minnesota Department of Human Rights.
Provisions of the bill
Key provisions of the bill include:
A demand letter sent to a business alleging ADA architectural violations must specify the barrier and provide the business time to fix the issue or submit a plan for fixing the issue. The letter cannot include a demand for a monetary settlement.
For businesses that have undertaken ADA audits by certified professionals to ensure they are in ADA compliance, the burden of proof shifts to the plaintiff to show there is a violation.
“We definitely agree with the Minnesota Chamber views on this topic. Access to our local businesses should be a major concern to store owners,” said Judy Hulterstrum, executive director of the Litchfield Chamber of Commerce. “We feel the key provisions would be business friendly. It makes sense to explain to a business owner what is wrong so it can be appropriately fixed instead of paying money to a lawyer. We are not aware of any Litchfield businesses to be contacted. If businesses are approached they should contact the Chamber office and we can provide information to assist.”
Hulterstrum said she knew of a business in Mankato and several businesses in Marshall, that had been involved in a lawsuit.
“Last year, the Marshall community had been hit hard by these lawsuits,” Hodson said. “As part of the Minnesota Chamber of Commerce Executives, we had heard about (Marshall Chamber Executive Director ) Cal Brink’s tireless work to support his local Marshall businesses and to protect them from further suits.”
Brink led an effort to — if not stop these suits — at least find a way to hinder the apparent ease of filing the suits, she said.
“Cal was kind enough to share the outcomes of their work, and the ADA Audit Package they developed,” Hodson said. “We’ve learned so much about compliance and regulations as they pertain to ADA, building, remodeling.”
The Hutchinson Chamber has copies of the ADA Audit Package, which is designed to help a business assess its accessibility through a 16-page document, Hodson said.
The audit helps businesses examine their property from a variety of angles — such as parking, counter height, and restrooms — and determine if they meet ADA requirements.
“The opportunity to inform our members not only of the suits, but also showcase opportunities for better customer care was important to us. We are here to support and educate our businesses — this was a big deal.”
Business owners can learn whether their business site is ADA compliant by working with the Minnesota State Council on Disability. The Council will work with small business owners to conduct building audits to ensure compliance. The Council also offers information for businesses on its website, www.disability. state.mn.us/publications. For more information, businesses can contact Margot Imdieke-Cross with the Minnesota State Council on Disability at 651-361-7805.
ADA compliance
Business owners can learn whether their business site is ADA compliant by working with the Minnesota State Council on Disability. The Council will work with small business owners to conduct building audits to ensure compliance. The Council also offers information for businesses on its website, www.disability. state.mn.us/publications. For more information, businesses can contact Margot Imdieke-Cross with the Minnesota State Council on Disability at 651-361-7805.
Businesses can use barrier removal audit to ensure they are ADA compliant
Compliance with the Americans with Disability Act is required for every business regardless of size or industry.
The Hutchinson Chamber of Commerce & Tourism Office, with the help of the Minnesota and Marshall chambers of commerce, put together the “ADA: Readily Achievable Barrier Removal Audit and Plan” packet.
The goal is to provide businesses with information to help them prepare their business, a partial audit to help them recognize potential issues, a readily achievable barrier removal plan, and information on resources that can help them with questions and concerns. Upon completion of the audit, businesses will receive a decal stating they have a readily achievable barrier removal plan in place.
The packet is available for free to Hutchinson Chamber members by calling the Chamber at 320-587-5252. Non-members can contact the Chamber office, as well, for information on how to obtain this information.
Business owners can learn whether their business site is ADA compliant by working with the Minnesota State Council on Disability. The Council will work with small business owners to conduct building audits to ensure compliance. The Council also offers information for businesses on its website, www.disability. state.mn.us/publications. For more information, businesses can contact Margot Imdieke-Cross with the Minnesota State Council on Disability at 651-361-7805.
