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SB1186 aims to stop litigious ADA extortion

mark handler

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SB1186 aims to stop litigious ADA extortion

Thursday, 26 April 2012

http://www.tspntv.com/state/sb1186-aims-to-stop-litigious-ada-extortion.html

– A bill to stop litigious “extortion” under the federal Americans with Disabilities Act will be heard by the California Senate’s Judiciary Committee in May.

Senator Bob Dutton (R-Rancho Cucamonga) wrote Senate Bill 1186, which he discussed in a posting on his Senate website. He said it “would stop unscrupulous attorneys from using the Americans with Disabilities Act (ADA) from extorting money from businesses.” The bill will be heard before the Senate Judiciary Committee May 9 at 130 p.m. in State Capitol Room 112.

Dutton, who represents Senate District 31, including portions of Riverside and San Bernardino Counties, is “urging anyone who has been extorted by one of these attorneys and can be in Sacramento on May 9 to attend the hearing and make your voice heard.”

He said SB 1186 “is a simple, common-sense measure that allows business owners 90 days to fix minor infractions before a lawsuit can be filed. The legislation also protects the rights of the disabled while ensuring that small businesses are protected from frivolous lawsuits.”

Dutton said small businesses around the state have faced litigation by “drive by” attorneys who say they “represent a client claiming that person’s ADA rights have been violated, even though the business owner wasn’t aware of any potential problem. The letter further states that to avoid a costly lawsuit, the business owner must pay the attorney and his client between 4,000 and $6,500.”

Dutton encouraged people who can’t attend the Senate committee hearing to send a letters addressed to him to: State Capitol, Room 5097, Sacramento, CA 95814.

Story by Jim Reece news@tspntv.com
 
I am so torn on this, part of me says, they have had 20+ years to come into compliance, then the common sense side says, some of these are mom and pop places that have been there since, maybe forever. Warning shot over the bow, or go for the kill? I'm thinking that the warning shot is the path, especially if it is drive-by litigators.
 
I really wish that Scott Johnson would win the lottery.

Actually he doesn't need a lottery. He just yanks on the CA ADA chain and thousands of dollars are transferred from local businesses' bank accounts to his.
 
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