“…in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote…”
The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.
Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.
Feinstein said some attorneys are filing “abusive lawsuits,” and “coercive demand letters” to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.
Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer.
