A number of San Luis Obispo County residents have contacted me about the recent lawsuits regarding disability access against local small businesses. I have been very disturbed by these lawsuits. They appear to be more about enriching the plaintiff than expanding access for the disabled. Unfortunately these lawsuits are causing a great deal of trouble for local businesses.
It goes without saying that guaranteeing access for disabled Americans, such as ALS patients or disabled veterans, is a critical priority for our society. The Americans with Disabilities Act (ADA) has been an important tool in protecting the civil rights of millions of disabled people, helping them live fuller and more productive lives. This is an accomplishment of which we should all be proud.
Unfortunately the recent lawsuits are not only hurting our businesses, they are also undermining support for the ADA. However, my staff has discussed this issue in depth with both the State Attorney’s General’s office and the US Department of Justice. We have learned that the problem of potential financial damages in these lawsuits stems not from the ADA but from a California state law, which can only be addressed by the state legislature in Sacramento. The ADA, the federal law, does not allow an individual to sue for money in federal court. If a judge rules in favor of the plaintiff, the business would be forced to become compliant with the law, and possibly pay legal fees. Instead, it is California law that allows an individual to sue businesses for damages. Because it is California state law at issue here, HR 728, the ADA Notification Act would not have prevented these lawsuits or protected our local businesses.
To help inform businesses about what they can do to both ensure compliance with the ADA and guard against frivolous lawsuits, I will be bringing a representative of the US Department of Justice to the area to discuss these issues as soon as possible. And I encourage anyone who has been caught up in a frivolous lawsuit to file a complaint with the California State Bar Association by calling 1-800-843-9053.
Finally let me clarify some recent actions in Congress. There has been some confusion about HR 4571, a bill recently considered by the House of Representatives. This legislation would have eliminated key consumer protections for Americans who have been harmed by negligence or malfeasance. I voted against this bill. Instead I voted for an alternative measure that would have curbed frivolous lawsuits by increasing fines on the lawyers who file them. Unfortunately this measure was defeated. Neither of these votes had anything to do with the ADA, nor has there been a vote on the ADA in this Congress.
I appreciate how serious this issue is to our community and the economy of the Central Coast. I will continue my efforts to protect both our local businesses and the civil rights of disabled Americans.
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