California State Legislation Proposes Curbing Predatory ADA Lawsuits

February 10th, 2015 by Fiedler Group

Senator Cathleen Galgiani of Manteca recently introduced state legislation designed to curb predatory ADA lawsuits against businesses.

The lawmaker’s bill (Senate Bill 67) was written to “reduced the profit incentive to file frivolous lawsuits based on minor and technical deficiencies…”

The legislation comes after a wave of lawsuits claiming bias and based on the federal Americans with Disabilities Act (ADA) hit businesses throughout Stanislaus and Merced counties; yet, this remains a statewide issue.

As a result, some of the impacted businesses were forced to close permanently.

In December, two companion bills were filed by Assemblywoman Kristen Olsen and Assemblyman Adam Gray — both of which addressed the same issue — Gray’s bill stipulating that businesses would be allotted six months to address ADA violations, and Olsen’s bill calling for two months if violations were based on standards that had been changed in the previous three year period.

The key to Galgiani’s bill is that it requires those suing to prove they have suffered “actual harm,” rather than simply reporting ADA violations. Her bill also would allow businesses four months to rectify ADA compliance issues, after receiving a complaint.

The lawmakers all agree — the ADA’s intent (making life easier for disabled persons) — is good and well, but unscrupulous attorneys have abused the law, extorting money from respectful business owners.

To learn more about Fiedler Group’s expertise in designing  ADA compliant facilities, please contact us today.