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Main Street Goes to Washington
Donut-shop manager asks Congress to put leash on ADA lawyers
The Business Journals by Kent Hoover, Washington Bureau Chief
Date: Wednesday, June 27, 2012, 10:09pm EDT
http://www.bizjournals.com/bizjournals/washingtonbureau/2012/06/27/ada-defendant-notify-businesses-of.html?s=print
Businesses have long complained about being threatened with lawsuits over Americans with Disabilities Act violations by attorneys who won't even specify what the alleged violations are. These attorneys are more interested in coercing settlements out of the businesses they target than they are in getting ADA violations corrected, business advocates contend. A California donut shop operator came to Capitol Hill this week to ask Congress for help against this practice, which she said is "reminiscent of mobsters requesting protection money."
Witness: Lee Ky of Reedley, Calif., who manages two Donuts to Go shops owned by her mother.
Hearing: House Judiciary Committee subcommittee hearing on legislation that would require that businesses accused of Americans with Disability Act violations be notified in writing about the specific violations, and be given 120 days to correct the violations before a lawsuit could be filed.
Why Ky testified: Both of her donut shops were sued, without notice, for alleged Americans with Disabilities Act violations even though Ky, who has been disabled all her life, has no problem moving around the shops and using their restrooms.
Ky’s perspective: “It’s not fair for business owners to receive a lawsuit package not knowing what it is for, being asked for a certain amount of money, and still having to pay for corrections. ... If these frivolous, nitpicky, unnecessary, money-hungry ADA lawsuits continue, many businesses will be forced to shut down because they don’t have the money to pay for the lawsuit or correct the facility.”
Argument against the legislation: If the notice requirement is added to the ADA, businesses won’t have any incentive to comply with the law until they receive a letter citing ADA violations. The ADA doesn’t allow plaintiffs to collect damages for violations, just attorneys’ fees.
How Ky did: As a disabled person who also runs a small business, Ky was an effective advocate for the viewpoint that businesses should first be given a chance to correct ADA violations before they get sued. She was invited to testify by Rep. Dan Lungren, R-Calif., sponsor of the prior-notice bill, the ADA Compliance for Customer Entry to Stores and Services (H.R. 3356).
Her only regret: “I didn’t get a chance to ask questions.”
Impact of testimony: Clint Eastwood, who faced a lawsuit over alleged ADA violations at his Mission Ranch Hotel in Carmel, Calif., couldn’t convince Congress to pass a similar bill in 2001. Ky probably won’t have any better luck
Donut-shop manager asks Congress to put leash on ADA lawyers
The Business Journals by Kent Hoover, Washington Bureau Chief
Date: Wednesday, June 27, 2012, 10:09pm EDT
http://www.bizjournals.com/bizjournals/washingtonbureau/2012/06/27/ada-defendant-notify-businesses-of.html?s=print
Businesses have long complained about being threatened with lawsuits over Americans with Disabilities Act violations by attorneys who won't even specify what the alleged violations are. These attorneys are more interested in coercing settlements out of the businesses they target than they are in getting ADA violations corrected, business advocates contend. A California donut shop operator came to Capitol Hill this week to ask Congress for help against this practice, which she said is "reminiscent of mobsters requesting protection money."
Witness: Lee Ky of Reedley, Calif., who manages two Donuts to Go shops owned by her mother.
Hearing: House Judiciary Committee subcommittee hearing on legislation that would require that businesses accused of Americans with Disability Act violations be notified in writing about the specific violations, and be given 120 days to correct the violations before a lawsuit could be filed.
Why Ky testified: Both of her donut shops were sued, without notice, for alleged Americans with Disabilities Act violations even though Ky, who has been disabled all her life, has no problem moving around the shops and using their restrooms.
Ky’s perspective: “It’s not fair for business owners to receive a lawsuit package not knowing what it is for, being asked for a certain amount of money, and still having to pay for corrections. ... If these frivolous, nitpicky, unnecessary, money-hungry ADA lawsuits continue, many businesses will be forced to shut down because they don’t have the money to pay for the lawsuit or correct the facility.”
Argument against the legislation: If the notice requirement is added to the ADA, businesses won’t have any incentive to comply with the law until they receive a letter citing ADA violations. The ADA doesn’t allow plaintiffs to collect damages for violations, just attorneys’ fees.
How Ky did: As a disabled person who also runs a small business, Ky was an effective advocate for the viewpoint that businesses should first be given a chance to correct ADA violations before they get sued. She was invited to testify by Rep. Dan Lungren, R-Calif., sponsor of the prior-notice bill, the ADA Compliance for Customer Entry to Stores and Services (H.R. 3356).
Her only regret: “I didn’t get a chance to ask questions.”
Impact of testimony: Clint Eastwood, who faced a lawsuit over alleged ADA violations at his Mission Ranch Hotel in Carmel, Calif., couldn’t convince Congress to pass a similar bill in 2001. Ky probably won’t have any better luck
