By Bryan M. Gold - Citizen Staff Writer
Published: Thursday, June 21, 2012 2:40 PM PDT
U.S. Rep. Dan Lungren (R-Gold River) wrote a bill that seeks to amend the Americans with Disabilities Act (ADA) in how it deals with “litigious plaintiffs.”
Lungren, who represents Elk Grove, last November introduced H.R. 3356, which is known as the ACCESS Act (ADA Compliance for Customer Entry to Stores and Services).
He said he is trying to promote legislation that would deal with the ADA in the federal courts in a reasonable way.
While businesses can currently face a lawsuit based on a generic letter that simply states the physical facility is not ADA-compliant, Lungren said his bill would require a potential litigant to specify why the business is not in compliance.
“Tell me what it is that you’re complaining about and let me fix it,” Lungren said. “It shouldn’t be a guessing game. It shouldn’t be a fishing expedition.”
He said the proposed legislation would also give merchants 120 days to fix the problem and bring the facility up to code.
“It tries to bring the parties toward resolution of a specific problem,” Lungren said.
He added, “We think it would create incentives for actually accomplishing the purposes of ADA – increasing access – and provide disincentives for what I would call ‘litigious plaintiffs’ or those who seem to be more interested in getting money by way of a settlement than actually taking care of a problem.”
Lungren said he introduced the legislation based on what is happening primarily in his Congressional district but also statewide and nationwide.
The California chapter of Citizens Against Lawsuit Abuse said that 42 percent of all ADA lawsuits filed in the United States originate in California.
“It just happened to be that we’re ground zero for a number of these lawsuits,” Lungren said.
It’s a reality that Squeeze Inn’s owner Travis Hausauer knows all too well.
He said at a recent Galt District Chamber of Commerce meeting that he knew his south Sacramento restaurant was not ADA-compliant because it was housed in a small, 1930s-era building.
Then came an appearance on the television show “Diners, Drive-ins, and Dives” and Hausauer knew he might face a lawsuit, which was soon filed.
“We were a victim of our success,” he said.
But rather than make his restaurant ADA-compliant, Hausauer moved his business to another location.
Hausauer equated the “abusive lawsuits” with “legalized extortion,” and said the lawsuits hurt local economies because they sometimes force businesses to close.
“If you close down a business, you are not granting access to anyone,” he said.
Lungren will have his bill presented to the House Judiciary Subcommittee on the Constitution on June 27.
If the full committee approves the bill, Lungren said he would try to schedule a hearing for the entire U.S. House of Representatives.
Click here to link to Elk Grove Citizen Story
