Predatory lawsuits outlawed

September 20, 2012

For decades, ambitious attorneys for disabled people have been reaping an easy windfall by filing lawsuits willy-nilly against businesses for failing to comply with handicapped regulations. (Sacramento Bee)

Critics called the practice abuse, and California now officially agrees — Gov. Jerry Brown signed legislation Wednesday reducing potential liability for disability access violations, and allowing time for defendants to correct problems without financial penalties.

The bill, SB 1186 by Senate President pro tem Darrell Steinberg (D-Sacramento) also bars attorneys from issuing pre-litigation “demands for money.” The measure passed with bipartisan support.

“The whole point of our state and federal disability access laws is to remove barriers for the disabled, giving them full and equal access to businesses like everyone else. Up until now unfortunately, it was often cheaper and quicker for business owners to settle out of court than to remove those obstacles,” Steinberg said in a prepared statement.

“(My bill) will instead provide more incentives to fix the violations and enhance accessibility. After many months of working with business and disability rights advocates, this compromise applies common sense to difficult issues.”


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6 Comments

  1. blondehare says:

    Well I my experience ADA did nothing. I have a disability.. But I walk fine,Talk, smart and can work.. But the board of realtors of Pismo”Cindy Doll CEO” Beach used my disability to refuse to sell our home..http://www.zillow.com/homedetails/579-Camino-Mercado-APT-213-Arroyo-Grande-CA-93420/82773526_zpid/ never been listed after Roy Ogden used my disability and violated my hippaa and civil rights so a real estate agent could get off the hook with a non dis-closer. This whole county DA office has covered for this , called fair housing laws. Have you ever heard of anyone refusing to sell your home due to an illness.. Only in San luis Obispo/. I hope to GOD HUD and DFEH exposes this county..I totally agree that people have used their disabilities to sue and ever I thought how could they do this so easy.. I do not think both sides of the story were told here. They must have had warning.. Because ADA is very very difficult to contact..and to get them to do anything is a pain… one would not want to ever put themselves through.

    (0) 0 Total Votes - 0 up - 0 down
  2. mustangglp says:

    It reminds. Me of the sidewalks in paso. What a wast of money

    (9) 11 Total Votes - 10 up - 1 down
  3. Slowerfaster says:

    The key word is “compromise”. It’s how serious business gets done.

    This is what needs to be taken to Washington: and any that are obstructionists that will never compromise should get a one-way ticket out of town and out of politics forever.

    (-4) 10 Total Votes - 3 up - 7 down
  4. BeenThereDoneThat says:

    This has been LOOOOONG overdue. While I respect and appreciate a lot of the good things the ADA has done, unforunately like most things in life a few bad apples give the whole bunch a bad name.

    (16) 18 Total Votes - 17 up - 1 down
  5. Cindy says:

    At last, a semblance of sanity, halleluiah……

    (21) 23 Total Votes - 22 up - 1 down
    • Theo P. Neustic says:

      Yes, thankfully corrected, after so many restaurants were forced out of business.

      (21) 23 Total Votes - 22 up - 1 down

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