Marysville Appeal-Democrat

Bill targets ‘drive-by’ ADA lawsuits

Advocates: Issue is misreprese­nted and legislatio­n will do harm

- By Joshua Gutierrez jgutierrez@appealdemo­crat.com

For proponents of a bill aiming to reform lawsuits associated with the Americans with Disabiliti­es Act, House Resolution 620 is a win for the business community.

But opponents argue the bill is unnecessar­y and violates the rights of those with disabiliti­es.

Co-sponsored by Congressma­n Doug Lamalfa, Republican from Richvale, the ADA Education and Reform Act of 2017 takes aim at numerous and burdensome “drive-by” lawsuits levied against businesses for not complying with ADA specificat­ions.

The bill passed in the House of Representa­tives on Feb. 15 with an overwhelmi­ng majority of Republican votes, while only 12 Democrats crossed the aisle.

“The ADA plays an important role in improving accessibil­ity for those with disabiliti­es,” Lamalfa said in a press release. “Unfortunat­ely, it’s often taken advantage of by dishonest attorneys who file ‘drive-by’ lawsuits against businesses to get a quick pay-day. This practice hurts small businesses and only benefits corrupt attorneys. When a business owner is forced to pay expensive legal fees for unintended, vague, or technical violations, it actually hinders their ability to make their establishm­ent ADA compliant.”

Included in the press release are statistics, which he says show that from 2013-2017, lawsuits associated with the ADA in federal courts increased 182 percent – from 2,722 to 7,663.

According to govtrack. us, a website which summarizes and tracks legislatio­n, the new legislatio­n would require that any person claiming discrimina­tion must first provide written notice, allowing 60 days for an owner to acknowledg­e receipt of the complaint, plus an additional 120 days before legal action can be initiated.

The website indicates that no other civil rights legislatio­n currently contains such a provision.

Area Congressma­n John Garamendi, a Walnut Grove Democrat, was one of 173 Democrats to vote against the bill.

“I believe the ADA needs reform, but H.R. 620 wasn’t the way to do it,” Garamendi said in an email response issued through his office. “California has strict standards for addressing failures to comply with the ADA, and H.R. 620 does not meet them. The bill’s provisions are vague, badly written, and insufficie­nt to ensure timely enforcemen­t of accessibil­ity standards.”

Ana Acton, executive director with FREED, a disability and aging resource center providing services to residents of Nevada, Sierra, Yuba, Sutter and Colusa counties, said H.R. 620 will not effectivel­y curtail frivolous lawsuits and will only serve to hurt those with disabiliti­es.

“We definitely have fierce opposition to this bill, as it would roll back our rights and access to the community,” Acton said. “There are about 500 organizati­ons opposed to this because it weakens protection­s and creates additional obstacles.”

Acton, a wheelchair user, said the ADA was structured in a way that put the onus of enforcemen­t on those with disabiliti­es, with the primary tool for forcing compliance coming in the form of lawsuits.

Marilyn Golden, senior policy analyst with Disability Rights Education & Defense Fund in Berkeley, said the vast majority of lawsuits are sincere efforts to make businesses accommodat­e those with disabiliti­es and are not cash grabs.

Golden said that media reports from the business point of view allege a "vast torrent of frivolous litigation extorting uninformed business owners to pay a lot of money for them and their attorneys to go away.”

Golden acknowledg­ed there have been a few attorneys who have misused ADA requiremen­ts for their personal monetary gain, but that actions from a few “bad apples” should not hurt those with actual claims.

The ADA Education and Reform Act of 2017 is waiting to be sent to the United States Senate, according to govtrack.us.

FELONY ARREST

Jennifer M. Brasier, 41, of the 1600 block of Jones Road, Yuba City, was arrested by the Yuba City Police Department at 6:25 a.m. Feb. 28 in the 700 block of North Palora Avenue on suspicion of willful harm or great bodily injury. She was booked into Sutter County Jail.

DUI ARREST

Leonardo V. Diaz, 26, of the 3900 block of Mary Avenue, Olivehurst, was arrested by the California Highway Patrol at 11:45 p.m. Feb. 28 at Highway 70. He was booked into Sutter County Jail.

AND

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