October 2012
California Governor Jerry Brown has signed into law Senate Bill 1186 geared
to prevent the ever growing frivolous lawsuits of American with Disabilities Act
(ADA) violations.
Nearly 40 percent of ADA lawsuits are filed in the state of California.
There is a serious problem in the state where attorneys are filling shakedown
lawsuits negotiating monetary settlement with no intention of improving access
for persons with disabilities.
A San Diego based attorney, who filed ~500 such lawsuits over a three year
period was recently disbarred as many of the suits included a plaintiff whom was
not even aware the suits had been filed.
A key provision of the legislation bans "demand for money" letters. Letters
can still be sent to a business alerting them of a potential violation or
infraction, but that letter can't include a "demand for money". Attorneys will
also be required to send any letter regarding ADA issues to the California State
Bar.
The law also prevents stacking of multiple claims, a common practice to
increase monetary damages, and requires the plaintiff to explain the need for
multiple visits to the same business with a known uncorrected barrier to
access.
As the bill includes an urgency clause and was passed by the Senate on a 34-3
vote and 77-0 in the Assembly the law will go into effect immediately.
