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Rep. McNerney Announces ADA Compliance Legislation
http://eastcountytoday.net/rep-mcner...e-legislation/
Bill Aims to ***** ADA Compliance through Notification to Improve Access for All Patrons
Stockton, CA Standing with small business advocates and community leaders, Congressman Jerry McNerney (CA-09) announced new legislation to promote greater compliance with the Americans with Disabilities Acts (ADA) accessibility standards within the business community. ADA accessibility compliance lawsuits have hit the Stockton area particularly hard, with some businesses forced to shut down, relocate, or payout large settlements. New York, Alabama, Florida, and Pennsylvania are among other states also affected by ADA-related lawsuit abuse.
The COMPLI (Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility) Act, H.R.4719, focuses on increasing ADA accessibility compliance among businesses to prevent predatory lawsuits from high-frequency litigants that hurt small businesses while not always bringing resolution the accessibility issue.
I have heard from numerous local businesses who were forced to shut down, lay off employees, pay out large settlements, or change locations because of repeated lawsuits and threats of lawsuits that leave these businesses with little to no financial resources or time to fix the problem and become compliant, said Rep. McNerney. My COMPLI Act would give businesses a 90-day period after notification of a potential infraction to correct the access barrier. Increasing ADA compliance among the business community is good for the local economy, and it is something we can achieve while at the same time ensuring that aggrieved individuals are still able to bring lawsuits against businesses for ADA infractions. The ADA gives equal rights and access to individuals with disabilities, and I want to make sure everyone has equal access to enjoy the businesses within our communities.
The COMPLI Act will require a potential plaintiff or aggrieved individual to provide written notice to the owner of the business, by certified mail, which identifies the specific ADA violation and the date and time the individual experienced the barrier.
Some of the most common ADA infractions include: not having enough accessible parking spaces; having non-compliant or missing parking signs; and issues related to loading zones and van accessible aisles.
Rep. McNerneys legislation provides the business owner 90 days from the date of notification that a barrier exists to correct the barrier, before any lawsuit or demand letter can be issued. A business owner may qualify for an additional 30 day extension if he or she attempts in good faith to remedy an access barrier but is unsuccessful within the original 90 day compliance period.
Good faith can be determined if the business owner has: secured the appropriate construction permits and hired contractors to complete construction; or has begun construction and has worked to minimize delays in completion.
The business owner must also notify its customers of the ADA violation while it is in the process of correcting the barrier. Businesses must provide this notification to customers within 15 days after receipt of an ADA violation notice.
The California Commission on Disability Access (CCDA) found that 54 percent of all ADA accessibility claims filed in California came from just two law firms, and 46 percent of those claims were filed by only 14 plaintiffs.
As someone who has used a manual wheelchair for the past 17-years, I understand and appreciate the significance of the Americans with Disabilities Act. However, as a defense attorney I understand that the ADA is severely abused and has become a money making scheme for a small handful of attorneys and serial plaintiffs, said Rachelle Golden, an ADA defense attorney.
The COMPLI Act defines a high-frequency litigant as an individual who has brought 10 or more civil actions alleging ADA violations within the previous 12-month period. The bill aims to limit a high-frequency litigants ability to repeatedly file lawsuits in bad faith and encourages business owners to invest in updating their properties to meet the accessibility standards of the ADA.
The legislation also prohibits damages from being awarded to plaintiffs who were not denied reasonable access or reasonable use to a facility because of an ADA violation, in an attempt to curb drive-by plaintiffs that prey on businesses without ever entering them or attempting to engage them in a business transaction.
Lastly, the bill requires the Department of Justice to submit a report to Congress two years after the bill is enacted, which:
Determines how many people were categorized as a high frequency litigant during the two year period in each state
Provides analysis on whether the bills provisions had an effect on the number of ADA accessibility lawsuits filed
Provides analysis on whether the bills provisions have negatively impacted an individuals ability to bring a legitimate, good-faith accessibility claim
Recommends whether an attorneys fee cap should be introduced in the future to reduce ADA abuse
Most businesses are unaware of what violations they potentially have on their property, and when served with a complaint, they are forced with a decision to fight against the lawsuit, or close their doors. Most often, complaints allege minor, if not trivial violations, that are easily correctable without much difficulty or expense. It is imperative that federal legislature catch up with California state law and provide a notice and opportunity to cure before a lawsuit can be commenced. The COMPLI Act would allow businesses the opportunity to learn of and correct ADA violations before they are forced to engage in costly litigation, added Golden.
The COMPLI Act is supported by small business and small business advocacy groups.
The Greater Stockton Chamber of Commerce Board of Directors took action on Thursday, February 25, 2016 to support in concept Congressman McNerneys new bill to protect businesses and the community from drive by lawsuits in regards to the Americans with Disabilities Act.
Harassment and threats by the unscrupulous is not the way to accomplish full compliance! Fairness and cooperation will allow businesses to fully comply with the law if given a fair chance. It is important that the State of California follows the lead of Congressman McNerney and does the same, said Judith Buethe, President of the Greater Stockton Chamber for 2015/16 and owner of Judith Buethe Communications.
Excessive ADA compliance lawsuits forced Chucks Hamburgers in Stockton to relocate after 55 years of service at the same location.
Contined below
http://eastcountytoday.net/rep-mcner...e-legislation/
Bill Aims to ***** ADA Compliance through Notification to Improve Access for All Patrons
Stockton, CA Standing with small business advocates and community leaders, Congressman Jerry McNerney (CA-09) announced new legislation to promote greater compliance with the Americans with Disabilities Acts (ADA) accessibility standards within the business community. ADA accessibility compliance lawsuits have hit the Stockton area particularly hard, with some businesses forced to shut down, relocate, or payout large settlements. New York, Alabama, Florida, and Pennsylvania are among other states also affected by ADA-related lawsuit abuse.
The COMPLI (Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility) Act, H.R.4719, focuses on increasing ADA accessibility compliance among businesses to prevent predatory lawsuits from high-frequency litigants that hurt small businesses while not always bringing resolution the accessibility issue.
I have heard from numerous local businesses who were forced to shut down, lay off employees, pay out large settlements, or change locations because of repeated lawsuits and threats of lawsuits that leave these businesses with little to no financial resources or time to fix the problem and become compliant, said Rep. McNerney. My COMPLI Act would give businesses a 90-day period after notification of a potential infraction to correct the access barrier. Increasing ADA compliance among the business community is good for the local economy, and it is something we can achieve while at the same time ensuring that aggrieved individuals are still able to bring lawsuits against businesses for ADA infractions. The ADA gives equal rights and access to individuals with disabilities, and I want to make sure everyone has equal access to enjoy the businesses within our communities.
The COMPLI Act will require a potential plaintiff or aggrieved individual to provide written notice to the owner of the business, by certified mail, which identifies the specific ADA violation and the date and time the individual experienced the barrier.
Some of the most common ADA infractions include: not having enough accessible parking spaces; having non-compliant or missing parking signs; and issues related to loading zones and van accessible aisles.
Rep. McNerneys legislation provides the business owner 90 days from the date of notification that a barrier exists to correct the barrier, before any lawsuit or demand letter can be issued. A business owner may qualify for an additional 30 day extension if he or she attempts in good faith to remedy an access barrier but is unsuccessful within the original 90 day compliance period.
Good faith can be determined if the business owner has: secured the appropriate construction permits and hired contractors to complete construction; or has begun construction and has worked to minimize delays in completion.
The business owner must also notify its customers of the ADA violation while it is in the process of correcting the barrier. Businesses must provide this notification to customers within 15 days after receipt of an ADA violation notice.
The California Commission on Disability Access (CCDA) found that 54 percent of all ADA accessibility claims filed in California came from just two law firms, and 46 percent of those claims were filed by only 14 plaintiffs.
As someone who has used a manual wheelchair for the past 17-years, I understand and appreciate the significance of the Americans with Disabilities Act. However, as a defense attorney I understand that the ADA is severely abused and has become a money making scheme for a small handful of attorneys and serial plaintiffs, said Rachelle Golden, an ADA defense attorney.
The COMPLI Act defines a high-frequency litigant as an individual who has brought 10 or more civil actions alleging ADA violations within the previous 12-month period. The bill aims to limit a high-frequency litigants ability to repeatedly file lawsuits in bad faith and encourages business owners to invest in updating their properties to meet the accessibility standards of the ADA.
The legislation also prohibits damages from being awarded to plaintiffs who were not denied reasonable access or reasonable use to a facility because of an ADA violation, in an attempt to curb drive-by plaintiffs that prey on businesses without ever entering them or attempting to engage them in a business transaction.
Lastly, the bill requires the Department of Justice to submit a report to Congress two years after the bill is enacted, which:
Determines how many people were categorized as a high frequency litigant during the two year period in each state
Provides analysis on whether the bills provisions had an effect on the number of ADA accessibility lawsuits filed
Provides analysis on whether the bills provisions have negatively impacted an individuals ability to bring a legitimate, good-faith accessibility claim
Recommends whether an attorneys fee cap should be introduced in the future to reduce ADA abuse
Most businesses are unaware of what violations they potentially have on their property, and when served with a complaint, they are forced with a decision to fight against the lawsuit, or close their doors. Most often, complaints allege minor, if not trivial violations, that are easily correctable without much difficulty or expense. It is imperative that federal legislature catch up with California state law and provide a notice and opportunity to cure before a lawsuit can be commenced. The COMPLI Act would allow businesses the opportunity to learn of and correct ADA violations before they are forced to engage in costly litigation, added Golden.
The COMPLI Act is supported by small business and small business advocacy groups.
The Greater Stockton Chamber of Commerce Board of Directors took action on Thursday, February 25, 2016 to support in concept Congressman McNerneys new bill to protect businesses and the community from drive by lawsuits in regards to the Americans with Disabilities Act.
Harassment and threats by the unscrupulous is not the way to accomplish full compliance! Fairness and cooperation will allow businesses to fully comply with the law if given a fair chance. It is important that the State of California follows the lead of Congressman McNerney and does the same, said Judith Buethe, President of the Greater Stockton Chamber for 2015/16 and owner of Judith Buethe Communications.
Excessive ADA compliance lawsuits forced Chucks Hamburgers in Stockton to relocate after 55 years of service at the same location.
Contined below