www.sdchamber.org

New Law Aids Small Businesses, Disabled

By Lorie Zapf, Regional Director for California Citizens Against Lawsuit Abuse (CALA)

When Congress passed the Americans with Disabilities Act (ADA) in 1990, the intent was to ensure that disabled Americans would be able to access public buildings and be treated fairly in the workplace. Lawmakers surely did not anticipate the unintended consequences of their good intentions.

The ADA’s purpose was for businesses to make “reasonable modifications” to ensure access, not to create a cottage industry for personal injury lawyers to abuse the law and exploit regulatory technicalities for their own financial gain.

In the past several years a small group of unscrupulous serial plaintiffs have wreaked havoc on small businesses across California, filing thousands of lawsuits for alleged ADA violations. Their intent has been to extract a quick cash settlement to “go away,” earning the reputation of filing so-called “shakedown” lawsuits. Since most small businesses can not afford the exorbitant cost of fighting any lawsuit, regardless of merit, they opt to pay a settlement.

Business owners claim it has been very difficult for them to comply given conflicting state and federal standards, voluminous and changing legal requirements over the years, a lack of ADA training for building inspectors and architects, and inconsistent interpretations of damage provisions.

For years, the business and disabled communities have been at an impasse on the best way to increase access while reducing what many business owners refer to as “legalized extortion.” The two sides have finally come together with a comprehensive ADA reform measure in the form of Senate Bill 1608, which received unanimous support in both houses of the state legislature and went into effect January 1.

 Some of the key provisions in the law include:

- A stipulation that a plaintiff may recover damages only for a violation they personally encountered or that deterred access on a particular occasion, rather than for alleged violations that may exist but did not cause a denial of access.

- A requirement that all inspections relating to permitting, plan checks or new construction in privately-owned buildings be conducted by a building inspector who has gone through the State Architect certification training program and is a Certified Access Specialist (CASp).

- A temporary stay of litigation and a streamlined court procedure for businesses who have utilized a CASp but are still sued.

- The law does not take away the right of any person to sue if they are denied access or encounter a genuine violation. It’s hoped the reforms will help achieve the true intent and spirit of the state and federal ADA laws.

For more information, contact Lorie Zapf, Regional Director for California Citizens at sdcala@sbcglobal.net.