merchants battling ADA lawsuits

[mark handler]

GOP challenger Gill hears from merchants battling ADA lawsuits

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20120224/A_NEWS/202240334

By Keith Reid

Record Staff Writer

February 24, 2012 12:00 AM

LODI - Congressional candidate Ricky Gill joined a group of Lodi business owners downtown, lending his ear Thursday morning to a problem that has been affecting them financially and causing stress.

Each merchant in the crowd of 50 is either defending an Americans with Disabilities Act lawsuit or has received letters stating they have 60 days to come into compliance or face a lawsuit.

In each case, the business owners say the lawsuits - many of them filed by lawyers who represent themselves - are not filed so that their stores and restaurants can be fixed to help disabled people. They claim they are victims of lawsuit abuse by people who are not customers but only want to make money on loopholes they claim exist in the law.

When a letter of notification is sent, business owners usually have 60 days to achieve compliance and pay a minimum $4,000 in damages, said Julie Griffiths, regional director of California Citizens Against Legal Abuse.

Gill, a 24-year-old Republican from Lodi, is campaigning for California's Ninth Congressional District seat. He is one of three candidates who have announced so far.

"As a small business owner, frivolous litigation hurts the ability to grow and meet expanded pay roll," Gill said. "I think we can introduce some structural fixes that can make sure the law is followed, but is also fair to business owners."

Griffith said that disabilities' lawsuits unfairly target businesses that want to help accommodate disabled customers but "are not fair."

Lodi Attorney Russell Humphrey represents Connie Moreno, a woman who is suing the Lockeford business owners who attended the rally. He said the downtown gathering Thursday was "ironic" because "it's the business owners that are breaking the law," not his client.

Humphrey said the law clearly states that businesses must be compliant with the Americans with Disabilities Act - which has existed since 1990. He said the federal law requires businesses to offer handicapped parking spaces, wheelchair ramps and accessible rest rooms, among other accommodations.

Gill said he would like to work with federal lawmakers in three areas:

» Increase the amount of time business owners have to make improvements before they can be sued or required to pay a fine.

»Amend the federal law to make ADA plaintiffs who lose a case reimburse a defendant's legal fees.

» Create a method that evens out payment for damages in correlation with injury. For example, a business should not be ordered to pay thousands to compensate for a repair that costs far less.

Contact reporter Keith Reid at (209) 546-8257 or kreid@recordnet.com. Visit his blog at recordnet.com/lodiblog.

 

[Papio Bldg Dept]

Is Gill unaware of the removal of barriers requirements these businesses have been consciously or unconsciously ignoring for however long? In my opinion, the structure is fine. The audacity for them to feel victimized because their businesses maintain barriers to those with disabilities is not fine.

 

[Msradell]

Gill said he would like to work with federal lawmakers in three areas:

» Increase the amount of time business owners have to make improvements before they can be sued or required to pay a fine.

They've already had over 20 years! How much more time do they need?

» Create a method that evens out payment for damages in correlation with injury. For example, a business should not be ordered to pay thousands to compensate for a repair that costs far less.

If the repair costs are so low, why haven't they already been done?

 

[mtlogcabin]

The removal of barriers can often be achieved by

making simple changes to the physical environment.

However, the regulations do not define exactly how

much effort and expense are required for a facility to

meet its obligation. This judgment must be made

on a case-by-case basis, taking into consideration

such factors as the size, type, and overall financial

resources of the facility, and the nature and cost of

the access improvements needed. These factors are

described in more detail in the ADA regulations

issued by the Department of Justice.

Yes there should have been a plan in place and improvements made every year. That could have been part of the Occupational license approval and renewals in jurisdiction that have them (we don't). When Ca wrote into its law a minimum $4,000 damages clause it opened it wide open for frivolous and aggressive lawsuits.