(February 11, 2008) The California Chamber of Commerce is urging businesses, employers and others to join its Advancing Disability Access Coalition (ADA Coalition) in support of statewide efforts to achieve better compliance with disability access laws with less litigation.
“We want to encourage and facilitate greater compliance by businesses with disability access laws while reducing litigation that does not advance the goal of disability access,” said CalChamber Policy Advocate Kyla Christoffersen.
Profit-Motivated Lawsuits
In recent years, a small but widely destructive, atypical group of plaintiffs and lawyers have used the disability laws and court system to systematically extract monetary settlements from businesses rather than to seek access.
For example, one plaintiff has filed more than 700 Americans with Disabilities Act (ADA) lawsuits in California alleging toilet paper dispenser heights do not meet the ADA-required measurements and has collected millions from California small businesses in settlements.
Plaintiffs who are quick to file waves of lawsuits convey the message that they are out to generate dollars. Likewise, individuals who demand money for alleged violations but only follow up to collect the money and not to check whether the alleged violation is fixed are equally questionable.
Businesses Closing Down
Another problem is that many lawsuits arise out of confusion or misunderstanding stemming from the highly technical and subjective nature of the disability access laws and regulations. Too often these lawsuits result in businesses closing their doors. New construction is being approved by private and public sector entities involved in the building process, yet still is not fully compliant.
Recently, a mom-and-pop steakhouse in Willows, California was sued for alleged ADA violations just after completing a remodel intended to make the restaurant more accessible to the disabled. The owners settled for $11,000 and subsequently sold the steakhouse, which they had operated for more than 25 years.
Getting Involved
“Businesses have both a vested interest and responsibility to comply with access laws. California’s laws should facilitate and acknowledge the efforts of businesses who desire to comply and take steps accordingly,” Christoffersen said. “Our laws should promote disability access in business establishments rather than lead to businesses closing down.”
To sign up and participate in the ADA Coalition and the CalChamber effort to promote greater compliance with disability laws with less litigation, visit www.calchamber.com/ADA.
Staff Contact: Kyla Christoffersen