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City facing new law on disabilities
The Reedley Exponent > News
Reedley business manager Lee Ky supports reforms that would give businesses notification before being sued for violations of the Americans with Disabilities Act. (Doug Hoagland / The Exponent)
By Jodie Reyna
mvpreporter@yahoo.com
Published: Thursday, April 4, 2013 10:04 AM PDT
Beginning with the new year, a new state law increased Reedley business licenses by $1 to help pay for an accessibility specialist that all California cities will be required to have on staff.
An accessibility specialist will educate businesses on changes in the Americans with Disabilities Act (ADA) and ensure that all new construction meets ADA requirements.
“Businesses will now have an advocate on their side,” said Reedley City Manager Nicole Zieba.
Of the extra $1 added to business licenses, 70 percent will go to the city and the remaining 30 percent will go to the Division of State Architect. The fee is expected to generate up to $2,000 annually for the City of Reedley, which is not enough to pay the salary of an accessibility specialist.
Consequently, Zieba said city officials from several neighboring communities have discussed pooling their money from the increased business license fees to hire one accessibility specialist that will serve the area.
Senate Bill 1186 was created after a number of lawsuits were filed against businesses – including three in Reedley – for not meeting ADA standards. Many of the lawsuits were directed at business owners for infractions such as a countertop that was the incorrect height or a restroom grab bar that was too short.
In 2010, one of the lawsuits was filed against Doughnuts To Go on 11th Street. Lee Ky, the business manager at Doughnuts To Go, was born with cerebral palsy and has been confined to a wheelchair her entire life.
Ky said she favors any law that will help prevent what she called frivolous ADA lawsuits against small businesses. In June 2012, Ky testified on Capitol Hill in support of a bill that would require a 60-day notification period prior to an ADA lawsuit being filed. The bill also would give businesses 120 days to comply.
“To me, these lawsuits are reminiscent of mobsters requesting protection money,” Ky said during the hearing.
When sued in 2010, Doughnuts to Go was cited for seven violations that cost the owners and landlord about $10,000 between fines and repairs.
“It’s not fair for small business,” Ky told The Exponent in 2010. “They don’t have the money to fight it in court. It’s quick money for the lawyers. It’s not fair. The lawyers are just nit-picking and making the disabled community look bad.”
Bobby Salazar’s Restaurant on Reed Avenue was also sued and closed its doors shortly thereafter. Kentucky Fried Chicken on Reed was also sued.
The Reedley lawsuits were filed by Moore Law Firm in San Jose which had also filed suit against businesses in Fresno, Clovis, Selma and Sanger.
Although Ky is against frivolous ADA lawsuits, she said she’s not certain that an accessibility specialist will help the business community. She said it will duplicate a position that is already held by the city’s building inspector, who is required to be up-to-date on ADA laws.
The Reedley Exponent > News
Reedley business manager Lee Ky supports reforms that would give businesses notification before being sued for violations of the Americans with Disabilities Act. (Doug Hoagland / The Exponent)
By Jodie Reyna
mvpreporter@yahoo.com
Published: Thursday, April 4, 2013 10:04 AM PDT
Beginning with the new year, a new state law increased Reedley business licenses by $1 to help pay for an accessibility specialist that all California cities will be required to have on staff.
An accessibility specialist will educate businesses on changes in the Americans with Disabilities Act (ADA) and ensure that all new construction meets ADA requirements.
“Businesses will now have an advocate on their side,” said Reedley City Manager Nicole Zieba.
Of the extra $1 added to business licenses, 70 percent will go to the city and the remaining 30 percent will go to the Division of State Architect. The fee is expected to generate up to $2,000 annually for the City of Reedley, which is not enough to pay the salary of an accessibility specialist.
Consequently, Zieba said city officials from several neighboring communities have discussed pooling their money from the increased business license fees to hire one accessibility specialist that will serve the area.
Senate Bill 1186 was created after a number of lawsuits were filed against businesses – including three in Reedley – for not meeting ADA standards. Many of the lawsuits were directed at business owners for infractions such as a countertop that was the incorrect height or a restroom grab bar that was too short.
In 2010, one of the lawsuits was filed against Doughnuts To Go on 11th Street. Lee Ky, the business manager at Doughnuts To Go, was born with cerebral palsy and has been confined to a wheelchair her entire life.
Ky said she favors any law that will help prevent what she called frivolous ADA lawsuits against small businesses. In June 2012, Ky testified on Capitol Hill in support of a bill that would require a 60-day notification period prior to an ADA lawsuit being filed. The bill also would give businesses 120 days to comply.
“To me, these lawsuits are reminiscent of mobsters requesting protection money,” Ky said during the hearing.
When sued in 2010, Doughnuts to Go was cited for seven violations that cost the owners and landlord about $10,000 between fines and repairs.
“It’s not fair for small business,” Ky told The Exponent in 2010. “They don’t have the money to fight it in court. It’s quick money for the lawyers. It’s not fair. The lawyers are just nit-picking and making the disabled community look bad.”
Bobby Salazar’s Restaurant on Reed Avenue was also sued and closed its doors shortly thereafter. Kentucky Fried Chicken on Reed was also sued.
The Reedley lawsuits were filed by Moore Law Firm in San Jose which had also filed suit against businesses in Fresno, Clovis, Selma and Sanger.
Although Ky is against frivolous ADA lawsuits, she said she’s not certain that an accessibility specialist will help the business community. She said it will duplicate a position that is already held by the city’s building inspector, who is required to be up-to-date on ADA laws.