Shakedown ADA Lawsuit Against a California Business Shows the Need for Reform

[mark handler]

Another Shakedown ADA Lawsuit Against a California Business Shows the Need for Reform

By Tom Scott

Executive Director, California Citizens Against Lawsuit Abuse

Wednesday, November 12th, 2014

http://www.foxandhoundsdaily.com/2014/11/another-shakedown-ada-lawsuit-california-business-shows-need-reform/

Just ask small businessman Jerry Brannon in Stockton. He recently got sued by Scott Johnson for $38,000 for non-compliance with the Americans With Disability Act. However, instead of settling, Mr. Brannon has decided to fight. He plans to spend up to $50,000 fighting this lawsuit.

According to a television news report, “Scott Johnson has made legal claims against many business owners in the Sacramento area, claiming he’s suffered because his disability won’t allow him to fully access their stores and restaurants.”

Brannon said Johnson has “taken the ADA and made a business out of it.”

According to the news report, Johnson has been linked to thousands of lawsuits.

I applaud Mr. Brannon on multiple fronts. This is not going to stop until the federal and state governments seriously pass legislation to stop these forms of lawsuit abuse. In 2008, the California State Legislature attempted to deal with the issue with SB 1608, which did not have the desired outcome. In 2012, the California State Legislature again attempted to find a way to stop the abuse with SB 1186 and this has also failed to stem the tide of abuse. The federal government has had a couple of bills related to ADA shakedowns lawsuits, but they have never been passed.

So here we are in 2014 and the lawsuits keep rolling. From Lake Tahoe to the Central Valley, we continue to see ADA lawsuits against small businesses, and there appears to be no end in sight. Interesting fact: there are more than 3.5 million small businesses in the state of California but only 500 Certified Access Specialists. How is every small business supposed to stay up to date when there aren’t enough access specialists?

When a business has to close due to an ADA shakedown lawsuit, no one benefits. Employees lose their jobs and governments lose revenue from employment property taxes. Who benefits from that scenario? Not even the disabled will benefit as everyone will simply have to travel further for those services.

I know there will be ADA legislation in California in the coming year and I am hopeful that with the changes in the U.S. Senate reform may be easier to pass in Washington. We, as a nation, need something to happen to help curb this abuse. It would behoove our legislators to find a reasonable compromise. A 120-day corrective action period at the state and federal level would stop these predators in their tracks. Let’s do it. Enough rearranging of deck chairs – let’s find a real solution.

 

[Msradell]

Mark, I certainly agree with you that the complete abuse of the system in California is a complete sham and something needs to be done. That being said, California created the system themselves because nowhere else in the nation is occurring like it is in California. Here in Kentucky ADA is something that is not pursued by local or state governments and the DOJ doesn't seem to care about what happens here either as far as the ADA is concerned. We don't have any lawyers that will pursue an ADA lawsuit and individuals with disabilities are left to fend for themselves. I know we can personally file a federal lawsuit about a business that doesn't comply but that takes a lot of time and effort on our behalf and actually forces us to incur some expenses which in most cases we don't have the money to cover. I'm not really familiar with what legislation is being talked about on the federal level but I'm quite sure that is not going to help things here and will only probably make them worse.

Why has California been unsuccessful in stopping the abuse from within the state amendments? I thought that an individual can only recover about $4000 plus lawyers expenses so how are they able to sue for these large amounts of money?

 

[MASSDRIVER]

Sounds like Kentucky is on the right track.

Brent.

 

[mark handler]

Mark, I certainly agree with you that the complete abuse of the system in California is a complete sham and something needs to be done. That being said, California created the system themselves because nowhere else in the nation is occurring like it is in California. Here in Kentucky ADA is something that is not pursued by local or state governments and the DOJ doesn't seem to care about what happens here either as far as the ADA is concerned. We don't have any lawyers that will pursue an ADA lawsuit and individuals with disabilities are left to fend for themselves. I know we can personally file a federal lawsuit about a business that doesn't comply but that takes a lot of time and effort on our behalf and actually forces us to incur some expenses which in most cases we don't have the money to cover. I'm not really familiar with what legislation is being talked about on the federal level but I'm quite sure that is not going to help things here and will only probably make them worse.Why has California been unsuccessful in stopping the abuse from within the state amendments? I thought that an individual can only recover about $4000 plus lawyers expenses so how are they able to sue for these large amounts of money?

I can not answer the question of stopping it. But the amount is 4k per violation. A typical restroom has 10 violations.

 

[ICE]

The legislature will not put a stop to the lawsuits because the system is performing as intended. It's sorta like when they confiscate a man's car because he had a prostitute for a passenger. Just because there's a law doesn't mean that it's the right thing to do.

Every article regarding ADA should start with a statement which points out that less than 1% of the population needs any of it.

I recognize the plight of those individuals that do need assistance with accessibility but I do not see it as a mandate to alter 100% of the built environment to accommodate the >1%.

How the Hell did all of this get started? Is it an effort to prove that Socialism is a flawed philosophy? Was Jerry Brown involved with any of this?

I can not answer the question of stopping it.

Have you ever spoken out against ADA?

But the amount is 4k per violation. A typical restroom has 10 violations.

Seldom does the aggrieved ask for more than the minimum. However, the poor bastard does get around.

 

[mark handler]

How the Hell did all of this get started? Is it an effort to prove that Socialism is a flawed philosophy? Was Jerry Brown involved with any of this?

How the Hell did all of this get started? history of ADA or Accessibility in CA? Or The Litigation in CA?

Is it an effort to prove that Socialism is a flawed philosophy? So you believe access is a Socialist plot?

Was Jerry Brown involved with any of this? In ADA?, no it was written and passed by congress, signed by George the first. and if you are referring to the Unruh Act in CA, The law was enacted in 1959 and was named for its author, Jesse M. Unruh. The Unruh Civil Rights Act is codified as California Civil Code section 51. The 4k amount per violation is based on The Unruh Civil Rights Act

 

[JBI]

Can't speak for California, but here on the East Coast it all started with Disabled Veterans seeking access... Anybody want to poke that bear with a stick?

 

[MASSDRIVER]

It's not a socialist plot.

It's just stupid, unfair and intellectually vapid.

And a perfect example of social engineering stupidity.

And a golden goose for litigators and proponats.

Brent.

 

[mtlogcabin]

Since it is very broad and intended to cover any number of disabilities the burden should rest on the individual that his/her individual right where violated by not being able to use a specific facility or portion thereof.

Example if one hand and arm work perfectly I should not be able to claim a violation because a round door knob was installed. If I am using a walker or cane I should not be able to claim a violation because a mirror is 1 inch to high.

Demand a jury trail (if you can for an ADA civil rights violation) and I bet a lot of them will loose if the jury knows anything about "jury nullification"

http://legal-dictionary.thefreedictionary.com/Jury+nullification

 

[conarb]

Jesse Unruh was a corrupt democratic party machine politician, so corrupt that he was the subject of a book on machine politics. He was also obese during most of his career and earned the name "Big Daddy", although he did lose a lot of weight near the end of his life.

During 1959, he authored California's Unruh Civil Rights Act, which outlawed discrimination by businesses that offer services to the public and was a model for later reforms enacted nationally during the 1960s and 1970s. Unruh was Speaker of the California State Assembly from 1961 to 1969 and a delegate to Democratic National Convention from California in 1960 and 1968. As a national figure in the Democratic Party, he often feuded with fellow Democrat Governor Pat Brown (1959–67) and was a case-study in the James Q. Wilson treatise on machine politics, The Amateur Democrat.The Wall street Journal noted he became "the most politically powerful public finance officer outside the U.S. Treasury." California pension funds were a major source of revenue for Wall Street underwriting firms, and Unruh secured campaign contributions in exchange for steering business their way. The New York Times said he had taken over "an obscure post whose duties had long emphasized bookkeeping. In characteristic fashion, he soon transformed the job into a source of financial and political power that reached from California to Wall Street".

On campaign contributions – "Money is the mother's milk of politics." 1966[5]On lobbyists – "If you can't eat their food, drink their booze, screw their women and then vote against them, you have no business being up here."

http://en.wikipedia.org/wiki/Jesse_M._Unruh#cite_note-6http://en.wikipedia.org/wiki/Jesse_M._Unruh#cite_note-6

http://en.wikipedia.org/wiki/Jesse_M._Unruh#cite_note-6¹ http://en.wikipedia.org/wiki/Jesse_M._Unruh

 

[ADAguy]

Understand that Jessie, in his wildest dreams, never forsaw this coming, neither did the legal "profession" until the over abundance of attorneys and two recessions "spawned" a cottage industry.