ADA is a money-making tool for lawyers

[mark handler]

ADA is a money-making tool for lawyers

Posted: Wednesday, July 13, 2011 12:00 am

The Americans with Disabilities Act (ADA), signed into law by President George H.W. Bush, was intended to allow disabled citizens to function in the mainstream of American society. Unfortunately, it has also become a mechanism for trial lawyers (and select clients) to abuse the system and extort businesses for personal gain.

Compliance with the law is so complex and difficult that even businesses certified as compliant with the law still get nuisance suits and pay off attorneys five or ten thousand dollars to make them go away. The trial attorney lobby is among the largest in California and Washington, and thus the chance for the law to be modified is slim.

State Sen. Bob Dutton introduced SB 783, which would not reduce access for disabled citizens, but would change the law in California so that businesses found to be in noncompliance would be given limited time to correct any deficiencies instead of being immediately slapped with a lawsuit. Unfortunately, state Sen. Noreen Evans of the Senate Judiciary Committee thought that was a bad idea and helped kill the bill before it could come to a floor vote.

There are attorneys making a living hunting for trivial violations of the ADA, making a ton of money while harassing businesses or even closing them down. They get away with it because it’s the law. The law needs to change. Unfortunately, the trial attorney lobby and Sen. Evans think things are fine just the way they are.

Michael Bartos / Napa

http://napavalleyregister.com/news/opinion/mailbag/ada-is-a-money-making-tool-for-lawyers/article_bfc1e264-adca-11e0-b94b-001cc4c002e0.html#ixzz1S5c9iFvu

 

[mtlogcabin]

The Americans with Disabilities Act (ADA), signed into law by President George H.W. Bush, was intended to allow disabled citizens to function in the mainstream of American society. Unfortunately, it has also become a mechanism for trial lawyers (and select clients) to abuse the system and extort businesses for personal gain.

I would have to disagree. It is not the ADA that is the mechanism it is Californias state laws that have allowed the ADA to be used for financial gain by individuals

 

[David Henderson]

Sorry to disagree with you mt the suits are filed in Federal Court state law has nothing to do with it.

 

[brudgers]

Non-compliance is a money making tool for businesses.

And a violation of Civil Rights.

 

[mtlogcabin]

Sorry to disagree with you mt the suits are filed in Federal Court state law has nothing to do with it.

"but would change the law in California"

 

[Rio]

The ADA law is designed to screw architects, contractors and business people. It never should have been put into law without a provision to correct the problem(s) before getting money. It's a classic case of the saying, "the road to hell is paved with good intentions"

 

[Frank]

ADA compliance is also a moving target and the regulations are written in non code enforcable language that is open to a variety of interpretations

Litigation was intended--I remember reading in the Federal Register when it first came out commentary that said to the effect of this section was left vauge to secure maximum compliance through litigation.

Definately a Lawyers relief act.

 

[mtlogcabin]

However, California law allows a plaintiff to ask for up to $4,000 in damages for each alleged ADA violation, no matter how minor and even if it did not deter access in any way--for example, a sign being the wrong color or a ramp elevation grade a percent too steep.

In addition to that fine, businesses can also be sued for thousands of dollars for each day the violations are not remedied.

The feds do not work this way. below is an excerpt from the DOJ complaint form Ca has no such question on theirs..

Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution?

Yes______ No______