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Disability-access lawsuits spark calls for legislation
http://www.twincities.com/business/ci_29072613/disability-access-lawsuits-spark-calls-legislation
A recent string of lawsuits targeting Minnesota businesses that allegedly are out of step with state and federal accessibility standards has business leaders and some disability advocates calling for new legislation.
The Minnesota Chamber of Commerce is working with the State Council on Disability and other groups to draft a proposal they plan to present during the 2016 legislative session. They hope to give business owners an opportunity to bring their facilities into compliance with the Minnesota Human Rights Act before a lawsuit could proceed.
More than 100 such lawsuits have been filed in Minnesota over the past year, the Chamber says, creating financial hardships for business owners who have to pay settlements, retrofit their businesses or both.
The nonprofit Disability Support Alliance, a Minnesota group whose members are named as plaintiffs in many of the lawsuits, opposes such changes to the law, arguing that business owners have had plenty of time to ensure they're in compliance. The federal Americans with Disabilities Act was passed in 1990.
"It's a very delicate balancing act," said Margot Imdieke, accessibility specialist with the State Council on Disability. "We don't want to do anything that's going to diminish our ability, as people with disabilities, to correct violations. ... But we want to see a process created."
A similar bill, which would apply to lawsuits citing the federal ADA, was introduced in the U.S. House of Representatives in October by Rep.Ted Poe, R-Texas. In a news release, Poe's office said the intention of the bill is to "curb frivolous lawsuits filed by cash-hungry attorneys and plaintiffs that abuse the ADA."
But Melanie Davis, executive director of the DSA, said her group is simply highlighting the state's lax enforcement of accessibility standards.
"It's been overlooked for a very long time," said Davis, who is herself disabled. "What's the point of a law that's not enforced?"
Beth Kadoun, vice president of tax and fiscal policy for the Minnesota Chamber of Commerce, said many business owners don't realize they're out of compliance -- until a lawsuit is filed.
"This is a pretty technical area of the law," Kadoun said.
Kadoun added that litigation costs quickly add up for small business owners. Many choose just to settle.
Restaurateur Stephanie Shimp, co-owner of the Groveland Tap, said she believed the St. Paul restaurant was ADA- and MHRA-compliant when she found herself a defendant in one of the DSA's lawsuits last summer. As with the DSA's other suits, the one against Groveland Tap was filed by the group's attorney, Paul Hansmeier of Minneapolis.
The complaint alleged Groveland Tap was inaccessible to DSA member Eric Wong, who uses a wheelchair, "due to the presence of two steps at the entrance, and the lack of a ramp."
"It was quite a surprise," Shimp said. "We had no prior warning."
Shimp added that Groveland Tap has kept a portable ramp on its premises for several years. It is put in place at a customer's request. A permanent ramp would block the sidewalk outside the building, she said.
Rather than fight a costly legal battle over the allegation, Shimp settled with Hansmeier and the DSA for between $5,000 and $10,000.
"They came to us with an amount in mind," Shimp said. "From a business perspective, settling just becomes easier, which is really a shame."
The restaurant now has a sign out front that lets patrons know the ramp is available, she added.
Shimp and other defendant business owners speculate that Hansmeier's real aim is to pressure them into agreeing to a cash settlement so he can collect a fee on it, rather than to ensure the accessibility issue is addressed.
Hansmeier, who is under investigation by the Minnesota Lawyers Professional Responsibility Board, declined to comment.
Davis, of the DSA, makes no secret of the fact that her group is funded by the proceeds from these lawsuits, but she says DSA's members deserve to be compensated for the inconvenience they've suffered.
"The damage is done," Davis said. "We are sick and tired of waiting for access."
Nick Woltman can be reached at 651-228-5189. Follow him at twitter.com/nickwoltman.
http://www.twincities.com/business/ci_29072613/disability-access-lawsuits-spark-calls-legislation
A recent string of lawsuits targeting Minnesota businesses that allegedly are out of step with state and federal accessibility standards has business leaders and some disability advocates calling for new legislation.
The Minnesota Chamber of Commerce is working with the State Council on Disability and other groups to draft a proposal they plan to present during the 2016 legislative session. They hope to give business owners an opportunity to bring their facilities into compliance with the Minnesota Human Rights Act before a lawsuit could proceed.
More than 100 such lawsuits have been filed in Minnesota over the past year, the Chamber says, creating financial hardships for business owners who have to pay settlements, retrofit their businesses or both.
The nonprofit Disability Support Alliance, a Minnesota group whose members are named as plaintiffs in many of the lawsuits, opposes such changes to the law, arguing that business owners have had plenty of time to ensure they're in compliance. The federal Americans with Disabilities Act was passed in 1990.
"It's a very delicate balancing act," said Margot Imdieke, accessibility specialist with the State Council on Disability. "We don't want to do anything that's going to diminish our ability, as people with disabilities, to correct violations. ... But we want to see a process created."
A similar bill, which would apply to lawsuits citing the federal ADA, was introduced in the U.S. House of Representatives in October by Rep.Ted Poe, R-Texas. In a news release, Poe's office said the intention of the bill is to "curb frivolous lawsuits filed by cash-hungry attorneys and plaintiffs that abuse the ADA."
But Melanie Davis, executive director of the DSA, said her group is simply highlighting the state's lax enforcement of accessibility standards.
"It's been overlooked for a very long time," said Davis, who is herself disabled. "What's the point of a law that's not enforced?"
Beth Kadoun, vice president of tax and fiscal policy for the Minnesota Chamber of Commerce, said many business owners don't realize they're out of compliance -- until a lawsuit is filed.
"This is a pretty technical area of the law," Kadoun said.
Kadoun added that litigation costs quickly add up for small business owners. Many choose just to settle.
Restaurateur Stephanie Shimp, co-owner of the Groveland Tap, said she believed the St. Paul restaurant was ADA- and MHRA-compliant when she found herself a defendant in one of the DSA's lawsuits last summer. As with the DSA's other suits, the one against Groveland Tap was filed by the group's attorney, Paul Hansmeier of Minneapolis.
The complaint alleged Groveland Tap was inaccessible to DSA member Eric Wong, who uses a wheelchair, "due to the presence of two steps at the entrance, and the lack of a ramp."
"It was quite a surprise," Shimp said. "We had no prior warning."
Shimp added that Groveland Tap has kept a portable ramp on its premises for several years. It is put in place at a customer's request. A permanent ramp would block the sidewalk outside the building, she said.
Rather than fight a costly legal battle over the allegation, Shimp settled with Hansmeier and the DSA for between $5,000 and $10,000.
"They came to us with an amount in mind," Shimp said. "From a business perspective, settling just becomes easier, which is really a shame."
The restaurant now has a sign out front that lets patrons know the ramp is available, she added.
Shimp and other defendant business owners speculate that Hansmeier's real aim is to pressure them into agreeing to a cash settlement so he can collect a fee on it, rather than to ensure the accessibility issue is addressed.
Hansmeier, who is under investigation by the Minnesota Lawyers Professional Responsibility Board, declined to comment.
Davis, of the DSA, makes no secret of the fact that her group is funded by the proceeds from these lawsuits, but she says DSA's members deserve to be compensated for the inconvenience they've suffered.
"The damage is done," Davis said. "We are sick and tired of waiting for access."
Nick Woltman can be reached at 651-228-5189. Follow him at twitter.com/nickwoltman.
