And now, by way of giving our opposite numbers their say: the disabled-rights magazine Ragged Edge is out with a pair of articles defending the accessibility filing mills that roam the land grinding out lawsuits against restaurants and other small businesses, with demands for legal fees an important part of the negotiations (see Jul. 9, Mar. 9, Jan. 14 and links from there). The main article gives us a mention (Mary Johnson, “The Lawsuit Dilemma”, Nov.). A shorter companion piece includes the following interesting comments:

With a lawsuit, the disabled person has [a] lawyer (and the lawyer will, in the end, be paid by the defendant). With a lawsuit, their attorney can hire an ADA consultant, who will also be paid by the defendant. The costs of preparing for negotiating, the costs of drafting settlement agreements, the costs of mediation (including paying the mediator) can all be paid by the defendant. With a lawsuit, there is money to pay for these things. Without a lawsuit, there is no money. …

By suing. we are in the driver’s seat. …

Nonprofit groups handling ADA compliance efforts can be funded through lawsuits. One of the more active disability rights plaintiff organizations in this country has been able [to] do its work because it receives donations from the lawyers who earn fees representing the organization’s members in ADA lawsuits.

(Fred Shotz, “Why Suing is Important”, Nov.)

Filed under: ADA filing mills, disabled rights