Pending legislation is bringing increased attention to frivolous ADA (Americans with Disabilities Act) lawsuits and the impact on small businesses.
The bill, AB 2164, expands on a program that started in San Jose, Victor Gómez, executive director of California Citizens Against Lawsuit Abuse (CALA) told the Northern California Record.
“The City of San Jose, just like really a lot of other communities have been impacted tremendously by these frivolous ADA lawsuits and we all know that these lawsuits don't get to the root of the problem,” Gómez said. “All they do is just really hit businesses and drown them at times, and so what we really need is the opportunity to get to the root of the issue.”
And that is to work with small and medium sized business owners about resources that can help them through additional funding, Gómez said.
“Whether it's through the state or through their local cities, it would help them to be able to make those improvements and come into compliance with ADA law,” Gómez said.
Gómez noted that many small businesses still struggling to stay afloat after the COVID-19 pandemic shutdowns don’t necessarily have funds on hand to make the improvements.
“And that's really what AB 2164 would do, is expand funding for businesses to be able to make these improvements, without having to fire an employee or let go an employee because they need to find ways to raise money to fix the problem,” Gómez said. “This gives them an opportunity to do it through state funding.”
AB 2164, sponsored by the City of San Jose and introduced by Assemblymember Alex Lee, D-San Jose, is now before the Assembly Appropriations Committee.
The bill analysis states, “The recent spate of ADA complaints being filed in the Bay Area have all, according to press coverage, been filed by just one or two plaintiffs or law firms. Many of them have been filed by attorney Scott Johnson.”
District attorneys for San Francisco and Los Angeles counties last month sued a San Diego law firm over allegations of fraudulent ADA claims.