Business owners in the state have become victims of predatory ‘gotcha’ lawsuits; legislative fixes have stalled.
The Americans with Disabilities Act was signed into law in 1990 with the goal of providing access to public places for those with disabilities. It was the most sweeping affirmation of rights for the disabled in the nation’s history.
Serial litigants and a small band of law firms have found a way to “game” the system and make matters worse. They are filing 30 to 40 boilerplate lawsuits per day against California businesses, attacking marginalized neighborhoods with limited access to justice. Unfortunately, under current law these small businesses that are hit with construction-related lawsuits are often pressured into paying settlements rather than using their financial means to improve accessibility at their place of business.
There was legislation signed into law that exempted small business owners from liability if they corrected violations within 15 days of receiving the complaint. It was supposed to protect business owners from liability if their businesses were inspected by a certified access specialist if any identified violations are corrected within 90 days. But it covered only a small number of exemptions, and still left businesses vulnerable to many ADA lawsuits.
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