mark handler
SAWHORSE
Legal bills waste ADA resources
Published by The Reporter
Posted: 08/25/2011 01:06:24 AM PDT
http://www.thereporter.com/opinion/ci_18753945
A West Sacramento man known for filing lawsuits against businesses that don't comply with federal disability access laws swept through Vallejo in June, leaving small-business owners grumbling in his wake.
Whether George S. Louie is an "extortionist," as his targets claim, a disabled man standing up for his rights or a "vexatious litigant" who sues without merit, as a Contra Costa County judge has ruled, is in the eye of the beholder.
But the issues raised by the rash of lawsuits he has filed begs the question: Is this really the best way to go about ensuring access for the disabled?
When the Americans With Disabilities Act was adopted 21 years ago, Congress opted to enforce the law by allowing individuals to sue companies that discriminated against them.
It has worked -- to a point. America today is far more accommodating of people who are "otherly abled" than it was in 1990. But too often, the money that small-businesses should be using to make repairs -- if they are needed -- ends up going into the pockets of attorneys fighting the matter in court.
This is difficult enough in good times. With the economy as fragile as it is right now, it just doesn't seem like a good way to nurture small businesses.
It is time for Congress to consider other ways of enforcing ADA rights. Perhaps communities could be allowed to form commissions to hear ADA-access complaints and decide how to go about resolving them. Maybe it is something that should be turned over to local government code enforcers.
This isn't about letting businesses (or government agencies, for that matter) off the hook. In fact, if anything, businesses should be leading the way to ensure their customers can get through their doors and aisles.
The first of the 74 million baby boomers started retiring this year, and as that bubble continues to age, the number of people who will require handicap access will steadily rise. Businesses that accommodate them will certainly do better than those that don't.
But requiring businesses to spend their resources fighting court battles doesn't make sense. Surely there is a more economical way of getting the desired result of ensuring that everyone has equal access to public spaces and businesses.
Published by The Reporter
Posted: 08/25/2011 01:06:24 AM PDT
http://www.thereporter.com/opinion/ci_18753945
A West Sacramento man known for filing lawsuits against businesses that don't comply with federal disability access laws swept through Vallejo in June, leaving small-business owners grumbling in his wake.
Whether George S. Louie is an "extortionist," as his targets claim, a disabled man standing up for his rights or a "vexatious litigant" who sues without merit, as a Contra Costa County judge has ruled, is in the eye of the beholder.
But the issues raised by the rash of lawsuits he has filed begs the question: Is this really the best way to go about ensuring access for the disabled?
When the Americans With Disabilities Act was adopted 21 years ago, Congress opted to enforce the law by allowing individuals to sue companies that discriminated against them.
It has worked -- to a point. America today is far more accommodating of people who are "otherly abled" than it was in 1990. But too often, the money that small-businesses should be using to make repairs -- if they are needed -- ends up going into the pockets of attorneys fighting the matter in court.
This is difficult enough in good times. With the economy as fragile as it is right now, it just doesn't seem like a good way to nurture small businesses.
It is time for Congress to consider other ways of enforcing ADA rights. Perhaps communities could be allowed to form commissions to hear ADA-access complaints and decide how to go about resolving them. Maybe it is something that should be turned over to local government code enforcers.
This isn't about letting businesses (or government agencies, for that matter) off the hook. In fact, if anything, businesses should be leading the way to ensure their customers can get through their doors and aisles.
The first of the 74 million baby boomers started retiring this year, and as that bubble continues to age, the number of people who will require handicap access will steadily rise. Businesses that accommodate them will certainly do better than those that don't.
But requiring businesses to spend their resources fighting court battles doesn't make sense. Surely there is a more economical way of getting the desired result of ensuring that everyone has equal access to public spaces and businesses.