Duncan Hunter (R-Calif.) has reintroduced the ADA Notification Act, which “would provide businesses accused of an ADA violation with a 90-day grace period to make necessary modifications.” That would, among other effects, cut down on some opportunistic suit-filing that is aimed at the generating of attorneys’ fee entitlements. It is not entirely clear what effect it would have in states (like California itself) where lawyers prefer to sue under state laws that are more pro-plaintiff than the ADA itself. [East County Magazine via CJAC]
Posts Tagged ‘ADA filing mills’
December 16 roundup
- Judge Kozinski blasts prosecution of McAfee exec Probhat Goyal [Ribstein, Greenfield; related on federal overcriminalization, Rittgers/Cato]
- “If only laws were like sausages” [Robert Pear, NY Times]
- “Public Radio Looks at California ADA Lawsuits” [Frith, CJAC on “This American Life,” Thomas Mundy and Morse Mehrban]
- Guitar maker described as “litigation-addled”: “Gibson continues its IP-based business plan” [Coleman]
- Judge who heard Madison County, Ill. asbestos docket retires, is picked by lawyers as trustee of asbestos bankruptcy trust [Chamber-backed MC Record]
- Ted Frank’s Center for Class Action Fairness objects to Classmates.com class action settlement [CCAF, more, yet more]
- New Labor Department regs could chill management speech to workforce [Russ Brown, Open Market]
- Too bad there weren’t legal blogs around in 2000, some light might have been shed on Bush v Gore [Legal Blog Watch, Ann Althouse] Hey wait a minute [ten years ago on Overlawyered]
“This American Life” on California ADA mills
It covers them in “Act 3” of a show on “Crybabies” (transcript).
Welcome WGN (Chicago) listeners
I was just on Mike McConnell’s show to talk about the ADA and its abuses on its 20th anniversary. For more on ADA repeat complainants and their lawyers, check this category; a couple of older pieces about the law’s outlandish results in the workplace are here and here.
In ADA-mill news…
“A San Diego lawyer has irritated business owners in the town of Redlands, Calif., by sending out letters on behalf of clients demanding $6,500 settlements for claimed violations of the Americans with Disabilities Act and related state law.” [ABA Journal; attorney James Mason]
“Good Lord, people are complaining because they can’t see a taco, get a life”
Much reaction in the comments at the San Francisco Chronicle to the Ninth Circuit’s “Chipotle Experience discriminates against the disabled” ruling. Earlier here. And Ted at PoL notes this significant passage rejected by the appeals court:
The [district] court found that Antoninetti had failed to show irreparable injury because he had not revisited either restaurant after Chipotle adopted its written policy and because his “purported desire to return to the [r]estaurants is neither concrete nor sincere or supported by the facts.” It also stated that Antoninetti’s “history as a plaintiff in accessibility litigation supports this Court’s finding that his purported desire to return to the [r]estaurants is not sincere. Since immigrating to the United States in 1991, Plaintiff has sued over twenty business entities for alleged accessibility violations, and, in all (but one) of those cases, he never returned to the establishment he sued after settling the case and obtaining a cash payment.”
More on ADA filing mills here. And I’ve now got a longer post up at Cato at Liberty comparing the policy problem of serial ADA complaints to that of patent trollery, mass filing of “citizen suits”, and the business model of recently formed copyright-holder RightHaven. More: Carl Horowitz, NLPC.
Update: Sacramento’s Squeeze Inn
These are the last few days to visit the oddball eating establishment before it moves to more conventional and less cramped quarters precipitated by an ADA lawsuit [Sacramento Bee]
Penn & Teller on the ADA
A 2007 show, with discussion of a mass ADA filing operation at about the 4:45 mark:
More via Twitter: “I had a client lose their business partly due to an ADA claim.” (Julian, California, near San Diego).
California’s ADA filing mills
They contribute to the state’s bad reputation as a place to do business [Cal Civil Justice]
California disabled-access filing mills
A new state law doesn’t seem to have curbed their activities as much as some were hoping, but at least it may have put a crimp in some of their bigger monetary demands. [California Civil Justice]