Disability access law may get tweaked
March 2, 2012
A Southern California lawmaker is offering a proposal to change the state’s disabilities law to combat what he calls “extortion of businesses” by exploitive individuals and lawyers.
Senator Bob Dutton (R-Rancho Cucamonga) introduced legislation to allow businesses more time to correct access violations before litigation could occur. Currently, lawsuits, fines and costly damages await business owners whose property does not comply with the state’s access laws, and no remedial opportunities exist. Under present law, a person with disabilities need only to locate a business establishment that is in noncompliance in order to launch a successful lawsuit.
In some cases, attorneys and individuals collect hundreds of thousands of dollars from business owners and their insurers by filing complaints.
Under Dutton’s plan, a business owner would be granted time to correct the alleged problem before financial sanctions are applied.
The bill is headed for the Senate Judiciary Committee for its first test.