State should keep serial ADA litigants in check

[mark handler]

State should keep serial ADA litigants in check

Local lawsuits illustrate flaws in violation statues

BY THE TRIBUNE

http://www.ccda.ca.gov  — is a good place to start.

 

[ADAguy]

The last sentence say it all. Ignorance of the "law" is no excuse.

 

[mjesse]

We have no sympathy for businesses that willfully ignore ADA requirements by failing to remove barriers to access. They should be held accountable and, if it requires a lawsuit to do so, so be it.However, we find it unconscionable when “drive-by” ADA litigants pounce on small, unsuspecting businesses by deliberately seeking out even the smallest violation — such as a faded handicapped parking logo — in an effort to make money.

The last sentence say it all. Ignorance of the "law" is no excuse.

That's fine, but how do you feel about part two here?

 

[ADAguy]

Unfortunately that is the unanticipated result of a well meaning law that didn't forsee too many attorneys in one state seeking green fields (smiling) to plow.

We don't complain when they go after deep pockets (lead paint, asbestos, tobacco) but God help us if they go after civil rights violators.

 

[MASSDRIVER]

Unfortunately that is the unanticipated result of a well meaning law that didn't forsee too many attorneys in one state seeking green fields (smiling) to plow. We don't complain when they go after deep pockets (lead paint, asbestos, tobacco) but God help us if they go after civil rights violators.

"Civil rights" "violators" are not potentially lethal or a hazard to health and well being.

I hope you can differentiate the nuance.

Brent.

 

[conarb]

"Civil rights" "violators" are not potentially lethal or a hazard to health and well being. I hope you can differentiate the nuance.

Brent.

There has been nothing more destructive to this country than Johnson's Civil Rights Act, what I don't understand is that in 2001 the U.S. Supreme Court decided that Title I of the act was unconstitutional in Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001):

United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the Constitution. It decided that Title I of the Americans with Disabilities Act was unconstitutional insofar as it allowed states to be sued by private citizens for money damages.¹

This is a very difficult convoluted 5 to 4 decision so I didn't post actual legal commentary on it but figured that the Wikipedia summary would be more comprehensible. As I've said before the activist group promoting this is LIBCOM and there is nothing closer to Communism than this act, the very essence of "From each according to his abilities, to each according to his needs".

Some time ago I said this was going to create an entire cottage industry of people profiting from it, the other day on my way to Sacramento I passed a Prius (wouldn't you know?), the license plates were CASPS ADA, it was garishly painted all over with things like "Your Accessibility Specialist, as I passed in my Hummer I made a point of giving the finger to the ******* driving it, even honking my horn to make sure he saw how much I despised him.

¹ http://en.wikipedia.org/wiki/Board_of_Trustees_of_the_University_of_Alabama_v._Garrett

 

[tmurray]

It should be the job of civil courts to recover "restitution" from buildings that do not comply with ADA. The act should focus on gaining compliance.

 

[mark handler]

... The act should focus on gaining compliance.

IMHO, The act focuses on gaining access....Not always compliance. You can have access without strict compliance to the Act or Standards.

Enforcement uses the Act and Standards as a tool to guide and achieve access.

People have used the Act and Standards as a money making scheme.

 

[ADAguy]

Better to be a "stealth" CASp then to invite "fickle Fingers" flicked at you.

Did you see a name on the Prius?

 

[MASSDRIVER]

Better to be a "stealth" CASp then to invite "fickle Fingers" flicked at you.Did you see a name on the Prius?

"Dick Puller, Casp specialist".

Brent.

 

[ADAguy]

"Bleep" be nice Brent