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Merced County lawmaker leads charge to modify Americans with Disabilities Act
Merced County legislator is leading the charge to modify the Americans with Disabilities Act after a series of Merced Sun-Star stories exposed how some litigants file hundreds of lawsuits against local businesses.Assemblyman Adam Gray, D-Merced, announced Tuesday that his office will bring together a local working group of community leaders and business owners from Merced and Stanislaus counties to discuss the ADA and potential changes.Gray said the stories in the Sun-Star and The Modesto Bee prompted him to tackle the issue. There have been two or three attempts to revise the ADA in the past 10 years, Gray said, but the solutions aren’t working for businesses.“I think it’s clear that people are taking advantage of the law to create frivolous litigation, put small-business owners in harm’s way and line the pockets of unscrupulous attorneys,” Gray said. “When I picked up my local paper and read about numerous examples (of lawsuits) in our community, it told me the solutions (that have been tried) are not working.”Rep. Jim Costa, D-Fresno, said a number of people have come to his office complaining about frivolous ADA lawsuits. While it might be difficult to make legislative changes, the congressman said, he believes the disability laws are being abused by some.“Clearly, some of these lawyers are taking advantage of the law, in my opinion. … We’re going to see if some common sense can be added,” Costa said.The ADA law was authored more than 20 years ago by a local congressman, Tony Coelho of Los Banos. While the Central Valley should be proud of that, Gray said, the focus should be on fixing ADA violations – not awarding money to plaintiffs and their attorneys.Gray said he would support revisions to the law that allow business owners a time period to fix ADA issues, establishing local inspectors to check for violations and ensuring that money awarded in lawsuits goes toward addressing ADA deficiencies.With the help of the working group, Gray said, he hopes to introduce a bill to the state Legislature in January.Several Merced County business owners who’ve been sued in ADA lawsuits were hopeful about Gray’s proposal, but also expressed some skepticism.“This has been going on for a long time,” said Bar B-Q Pit owner Jose “Roy” Mercado,*who was sued for $75,000 for improper parking, front entrance and restroom access.*The plaintiff in that case, Cecil Shaw, filed at least 170 other lawsuits, according to his San Jose-based attorney.“Unfortunately, it’s a little too late for many of the businesses because we have been educated through the hard knocks of a lawsuit,” Mercado said at his Merced restaurant.Brook’s Ranch restaurant owner Matthew Jerkovich agreed that it’s too late for him – he’s already paid $15,000 to defend his Atwater restaurant – but said he wants to be a part of the working group to brainstorm solutions.Jerkovich was sued by Atwater resident Aurora Cervantes*last year for alleged ADA violations, one of at least 14 Merced County businesses that Cervantes targeted in nearly identical lawsuits.“I think it’s positive they are talking about it,” Jerkovich said. “I’m a little bit skeptical, but I want to see what they can do.”Gray said he understands the skepticism from some business owners, but said he hopes he can improve the situation for others in the business community.“We have to take it a few steps further to create an environment that protects our community and those with disabilities, but at the same time doesn’t allow unethical people to take advantage of the law for their own profit,” he said. “We’re going to work through some ideas, and the end goal is an introduction of a bill in January.”Those interested in joining Gray’s working group should call his Merced office at (209)*726-5465.
Merced County legislator is leading the charge to modify the Americans with Disabilities Act after a series of Merced Sun-Star stories exposed how some litigants file hundreds of lawsuits against local businesses.Assemblyman Adam Gray, D-Merced, announced Tuesday that his office will bring together a local working group of community leaders and business owners from Merced and Stanislaus counties to discuss the ADA and potential changes.Gray said the stories in the Sun-Star and The Modesto Bee prompted him to tackle the issue. There have been two or three attempts to revise the ADA in the past 10 years, Gray said, but the solutions aren’t working for businesses.“I think it’s clear that people are taking advantage of the law to create frivolous litigation, put small-business owners in harm’s way and line the pockets of unscrupulous attorneys,” Gray said. “When I picked up my local paper and read about numerous examples (of lawsuits) in our community, it told me the solutions (that have been tried) are not working.”Rep. Jim Costa, D-Fresno, said a number of people have come to his office complaining about frivolous ADA lawsuits. While it might be difficult to make legislative changes, the congressman said, he believes the disability laws are being abused by some.“Clearly, some of these lawyers are taking advantage of the law, in my opinion. … We’re going to see if some common sense can be added,” Costa said.The ADA law was authored more than 20 years ago by a local congressman, Tony Coelho of Los Banos. While the Central Valley should be proud of that, Gray said, the focus should be on fixing ADA violations – not awarding money to plaintiffs and their attorneys.Gray said he would support revisions to the law that allow business owners a time period to fix ADA issues, establishing local inspectors to check for violations and ensuring that money awarded in lawsuits goes toward addressing ADA deficiencies.With the help of the working group, Gray said, he hopes to introduce a bill to the state Legislature in January.Several Merced County business owners who’ve been sued in ADA lawsuits were hopeful about Gray’s proposal, but also expressed some skepticism.“This has been going on for a long time,” said Bar B-Q Pit owner Jose “Roy” Mercado,*who was sued for $75,000 for improper parking, front entrance and restroom access.*The plaintiff in that case, Cecil Shaw, filed at least 170 other lawsuits, according to his San Jose-based attorney.“Unfortunately, it’s a little too late for many of the businesses because we have been educated through the hard knocks of a lawsuit,” Mercado said at his Merced restaurant.Brook’s Ranch restaurant owner Matthew Jerkovich agreed that it’s too late for him – he’s already paid $15,000 to defend his Atwater restaurant – but said he wants to be a part of the working group to brainstorm solutions.Jerkovich was sued by Atwater resident Aurora Cervantes*last year for alleged ADA violations, one of at least 14 Merced County businesses that Cervantes targeted in nearly identical lawsuits.“I think it’s positive they are talking about it,” Jerkovich said. “I’m a little bit skeptical, but I want to see what they can do.”Gray said he understands the skepticism from some business owners, but said he hopes he can improve the situation for others in the business community.“We have to take it a few steps further to create an environment that protects our community and those with disabilities, but at the same time doesn’t allow unethical people to take advantage of the law for their own profit,” he said. “We’re going to work through some ideas, and the end goal is an introduction of a bill in January.”Those interested in joining Gray’s working group should call his Merced office at (209)*726-5465.