Bill would help restore true intent of Americans with Disabilities Act

The ADA is a good law with a good purpose. However, its purpose has been frustrated by a handful of law firms perverting a good law for their own monetary gain.

I have defended businesses for almost 15 years against a handful of law firms that abuse the Americans with Disabilities Act (ADA) by filing lawsuits by the hundreds against unsuspecting hoteliers, restauranteurs, and other local businesses. This law gives the ADA back to the people for whom it was written, Americans with disabilities.

This month, I filed HB 727 relating to places of public accommodation. In the Senate, Sen. Linda Stewart (D-Orlando) and Sen. Dennis Baxley (R-Ocala) are co-introducing SB 1398, which increases the accessibility of places of public accommodation for Floridians with disabilities by incentivizing businesses to become more compliant with the ADA. It provides business with the necessary resources to self-evaluate their premises for ADA compliance. And, it gives courts a tool to deny claims for attorneys’ fees and costs for drive-by ADA lawsuits.

Congress enacted the Americans with Disabilities Act in 1992, which provided in pertinent part, that all places of public accommodation must be accessible to persons with disabilities. Places of public accommodation include entities such as restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers.

The number of Title III ADA lawsuits filed in the U.S. has more than doubled in six years; up over 118 percent and a number that is still increasing. Since 2012, nearly 6,000 ADA compliance lawsuits have been filed in Florida, making Florida one of the states where you are most likely to be sued under the ADA in the nation. Over 1,000 of those have been filed by a former doctor named Howard Cohan, who admits he doesn’t visit all of the places he sues. Cohan’s drive-by lawsuits cost local businesses thousands upon thousands in unnecessary litigation costs. Predatory plaintiffs have preyed on local businesses in factory-like fashion, leading many Floridians to doubt the veracity of such claims.

The courts have recognized the problem, too. In an order, U.S. District Gregory Judge Presnell questioned a process that allows a man who had brought nearly 200 similar actions, without providing businesses notice and an opportunity to fix the issues. “Wouldn’t conciliation and voluntary compliance be a more rational solution … Of course it would, but pre-suit settlements do not vest plaintiff ’s counsel with an entitlement to attorney’s fees.” And, therein lies the problem.

The ADA is a good law with a good purpose. However, its purpose has been frustrated by a handful of law firms perverting a good law for their own monetary gain. In the end, only Congress can fix the ADA’s flaws, but this bill will cut down on the abuses all the while preserving the truly valid ADA claims.

HB 727 takes a big step forward for Florida’s disability and business communities. I hope you will join me in preserving the true intent of the Americans with Disabilities Act, and making a difference for our state.