From Our Blog

There is nothing better than getting out of Sacramento and hitting the road to see and hear how consumers and business people are feeling about the times we live in. So on Monday, May 10, I hit the road to start the first phase of the "We Need More Jobs, Not More Lawsuits" tour. The main point of this tour is to get consumers and business people to start asking their candidates where they stand on legal reform. We have a state that is ranked the 46th worst legal climate in the United States and things do not seem to be getting better.

The Central Valley seemed like a good place to start. A lot of key races are going on in that region and people need to get answers from the candidates running for the State Senate and Assembly.

So I hit the road and traveled to communities like Ripon, Modesto, Turlock, Livingston, Atwater, Merced, Chowchilla and Madera. I talked to the media that covers these communities and also to small business people and the various Chambers of Commerce. Everyone seemed responsive to our message. Of all places in the state, the Central Valley definitely understands the need for jobs.

When I pulled into Merced, I needed some money so I went over to the local Bank of America and saw this huge construction project. I saw a trailer marked "ADA Compliance" and asked the project manager what was going on. The angle of the ramp in this B of A parking lot was not compliant with the ADA. It looked like quite the undertaking and this company said they were busy all over the state. I think it is fair to say that there are a lot of jobs in ADA compliance.

The first phase of the tour was a success. Next week it is on to Taft, Bakersfield, Wasco, Delano, Coalinga and other towns along the way. We want to hear your stories and get you involved in CALA. People and businesses need to ask their candidates where they stand on legal reform. Because quite frankly there is not a lot of it occurring in Sacramento.

KABC – TV reports they have found a man who doesn’t have to work because he makes his living filing lawsuits against small business owners who are not in complete compliance with the Americans with Disabilities Act (ADA). The story says he’s notorious in the LA Court system because he’s filed at least 70 such lawsuits since 2006 --- at a minimum of $4,000 in damages per incident. His shakedown lawsuits are harming more than just the business community; his unwarranted lawsuits are undermining the credibility of the legitimate disabled community.

In 70 cases looked at by Eyewitness News, the plaintiff had his court fees waived in all but two. KABC-TV said lied he about how many lawsuits he’s filed in a year by checking a box indicating he has not filed more than 12 other claims with the past 12 months. By lying, he gets a break on court fees, which are then paid for using taxpayer dollars.

California is one of three states in the nation along with Hawaii and Florida that makes it very lucrative for people to file unwarranted lawsuits based on technical ADA violations. The store owner is rarely given the opportunity to first fix the problem. There are simply too many state and federal regulations for businesses to know exactly what they are to do to be in compliance. So instead, they are sued.

For years, Citizens Against Lawsuit Abuse has advocated to give small business owners 30, 60 or 90 days to fix the problem. In 2008, Governor Arnold Schwarzenegger signed bipartisian legislation into law that is intended to advance the goal of ADA law, which is to give people with disabilities complete access to public places, without burdening businesses with unnecessary litigation that does not increase disability access. SB 1608 created the California Commission on Disability Access to accomplish the goals laid out in the bill .

Why is the abuse of ADA still happening? SB 1608 had noble goals indeed, but until the Commission is properly funded no real progress can be made and professional plaintiffs will continue making their living filing abusive lawsuits under ADA.

CALA in the News