As court proceedings continue in the lawsuit People of the State of California v. Potter Handy LLP et al. – alleging fraudulent filing of Americans with Disabilities [ADA] suits – a federal judge has subsequently ordered Potter Handy plaintiffs to show standing in separate ADA cases.
It’s not surprising to see the lawsuit filed by the San Francisco and Los Angeles district attorneys, Minh N. Vu, a Seyfarth Shaw partner who represents defendants in similar cases, told the Northern California Record by email.
“Businesses are tired of being sued by plaintiffs that have no interest in actually patronizing them,” Vu said. “Additionally, Potter Handy and its plaintiffs crossed the line by targeting small unsophisticated businesses that are struggling to keep their doors open to the public.”
Even as U.S. District Court Judge Vincent Chhabria has said Potter Handy plaintiffs in Whitaker v. Cardo must first show standing before his court in a different ADA case, that may not produce far-reaching impact.
“Plaintiff’s lawyers might spend a little more time on due diligence before filing suit for their clients, but I doubt much will change,” Vu said.
It is difficult to estimate how much potentially fraudulent ADA filings have increased in recent years.
“There is really no way to keep track, and it really depends on how you define ‘fraudulent,’” Vu said. “If you define fraudulent as a case where the plaintiff is not really a person who wants to patronize the business but is visiting just to file a lawsuit, I’d say there are quite a few such cases.”
Even as the district attorneys’ lawsuit is shining a light on frivolous litigation arising from ADA claims, it’s still incumbent on business owners to follow the law, Vu said.
“Businesses do need to step up and consider whether their facilities are accessible to people with disabilities,” Vu said. “There are quite a few inexpensive things a business can do to make its premises more accessible and welcoming to people with disabilities. “
Rachel Marshall, communications director, policy advisor and assistant San Francisco DA, told the Record that the first court date in People v. Potter Handy is scheduled for Sept. 14.