In the News

California adopted reforms last year to curb predatory disability lawsuits, but, as evidenced by more state and federal proposals, the problem remains.

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Businesses can be sued because a bathroom mirror is an inch too high, a sign is missing or the paint on a disabled parking space has become too faded over time. There are numerous examples like the San Ramon gas station owner who was forced to install a shield under a bathroom sink to prevent burns to the legs of someone in a wheelchair — even though the bathroom does not even have hot water.

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In a positive step last year, California enacted Senate Bill 269 by state Sen. Richard Roth, D-Riverside, which gives small businesses some time to fix certain minor or technical ADA violations, though it was not comprehensive and is not enough, by itself, to put a stop to predatory ADA lawsuits.

At the federal level, Republican Reps. Jeff Denham of Turlock and Ted Poe of Texas each have bills that would provide businesses with a 120-day period to fix violations before a lawsuit could be filed.

Extortionate disability lawsuits tarnish the legitimate claims that genuinely seek redress for inadequate access. It is time to put the focus on fixing problems that actually prevent access rather than lining the pockets of a small number of “professional victims.”

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