Measure aims to check ADA lawsuit abuse in Calif.

[mark handler]

Measure aims to check ADA lawsuit abuse in Calif.

http://www.news10.net/news/article/192653/2/Measure-aims-to-check-ADA-lawsuit-abuse-in-Calif

6:24 PM, May 8, 2012

Alfredo Garcia is disabled and the illegal immigrant has filed more than 600 lawsuits against Southern California businesses for violating the American with Disabilities Act.

James Cohan, who has been seen hiking, is clearly not disabled. He too has filed numerous ADA lawsuits.

Then there's Noni Gotti from San Diego, whose previous lawyer filed 243 ADA lawsuit without her knowing after her own case was settled.

In each instance, there was a lot of money to be made.

"It's not a way to make a living by going after business owners," Gotti said.

State leaders are finally listening. They've approved a bi-partisan bill that would stem the tide of ADA lawsuit abuses. California has 40 percent of the nation's ADA lawsuits, but only 12 percent of the country's disabled population.

Among other things, the proposal would put a stop to those threatening demand letters businesses get (SB 1186).

"It would ban demand for money letters that say, 'Pay me now, or pay me more later,' which unfortunately are sent by a few lawyers and law firms basically looking to make a quick buck," said Senate. President pro Tempore Darrell Steinberg, D-Sacramento.

The proposal also seeks to give businesses at least 30 days to fix the problem before a lawsuit can proceed (SB 783).

But the disabled community stood up in force, hoping to sway the committee to reject the bill.

Members say access problems across California still exist.

"Do not have access. Do not have accessible parking. Do not have accessible bathrooms. All this going on 30 years, okay?" said disabled activist Connie Arnold. "I'm really upset."

Gotti is glad lawmakers took the first steps in curbing the abuse.

"It's unacceptable for this to be allowed," she said. "It shouldn't have been allowed in the first place."

Nannette Miranda

ABC7

 

[Msradell]

The businesses have had enough time to meet the requirements. Passing this law is ridiculous. They won't do anything until they get a letter and then they will rush around and correct the problems that should have already been corrected! There will be absolutely no incentive for a business to meet accessibility requirements if this law is passed.

 

[ewenme]

Abusing the legal system does not correct the non-compliant businesses, but it does cost the taxpayers an awfull lot of money. And, where do the fines go? Into the pockets of the attorneys, and where else? The fines should be going towards correcting the non-compliant situations. But then, I am considered a dreamer.

 

[Msradell]

Abusing the legal system does not correct the non-compliant businesses, but it does cost the taxpayers an awfull lot of money. And, where do the fines go? Into the pockets of the attorneys, and where else? The fines should be going towards correcting the non-compliant situations. But then, I am considered a dreamer.

I usually would agree that the legal system is being abused by really don't think it is in this case. The fines that are levied go directly to the complaintent (handicap individual) and the lawyer receives their fees. The problems should have been corrected long ago. It's these laws are passed nobody will do anything until they are sued and then in the 30 days allowed they will hurry to correct everything which already should have been done! That's not dreaming, it's just human nature.