CORONAVIRUS (COVID-19) RESOURCE CENTER Read More
Add To Favorites

Legislators vow to continue fighting for reform

Modesto Bee (CA) - 9/1/2014

Sept. 01--California certainly is the golden state when it comes to payoffs for people systematically pursuing tens of thousands of disability access lawsuits.

Despite years of business owners claiming they're essentially victims of extortion, legislators haven't fixed the legal landscape that makes California unique, attracting 40 percent of the nation's Americans with Disabilities Act lawsuits despite having only 12 percent of its population.

At least 16 times, state and federal lawmakers have rejected reforms that might have helped improve conditions for both the disabled and business owners in California, said David Warren Peters of Lawyers Against Lawsuit Abuse and California Justice Alliance.

"This situation was created and exacerbated by California's legislature," Peters said in an email. "We have made it so profitable to file these claims that many lawyers and litigants have moved to California just to file suits here."

He had warned legislators about weak spots in reform bills in 2008 and 2012, saying they would not correct problems and might even lead to more lawsuits, and points to an ever-growing caseload as proof that he was right. In Stanislaus and Merced counties, four plaintiffs have sued 52 companies in recent times; they include Robert McCarthy, a convicted pedophile and thief from Arizona who has been suing California businesses for 13 years.

Meaningful reform has proved elusive. Barry Smith, executive director of the Modesto-based Disability Resource Agency for Independent Living, likes the idea of building inspectors requiring ADA code improvements when merchants seek business licenses. That should cut down on "drive-by" lawsuits, he said.

Last year, U.S. Rep. Jeff Denham, R-Turlock, signed onto federal legislation aimed at helping protect businesses by giving them time to make upgrades before lawsuits are filed. Three weeks ago, Assemblywoman Kristin Olsen, R-Riverbank -- alarmed at a wave of lawsuits against local shops -- introduced a bill in Sacramento asking fellow lawmakers to support Denham's effort. Both bills languished because trial lawyers have real clout, they said.

"When you look into the details (of lawsuits), they're not about access for the disabled community; they're about lining the pockets of greedy attorneys, or in some cases, convicted felons," Olsen said. Her office created a brochure to help businesses protect themselves, to be circulated in coming days.

Denham has sponsored workshops for businesses and has more planned.

"I don't think anyone wanted to see the Barnwood shut down. They wanted to see it fixed," Denham said, referring to the Ripon eatery whose owners closed rather than fight in court. "Those with disabilities just want access to the business."

Sen. Cathleen Galgiani, D-Stockton, sponsored workshops two weeks ago for businesses in Escalon and Manteca. She said she will introduce a reform bill in the next legislative session.

"The goal should be to help businesses come into compliance," she said, "not to have a shakedown."

It's too late for several local companies.

"The (ADA) intent was good, but it's become an absolute moneymaking machine," said Brad Bilson of Bilson's Sport Shop in Turlock, sued by Atwater'sAurora Cervantes though she apparently never went inside. He is fighting the lawsuit, which is ongoing. "We'd all like to see a lasso around the speeding train that's catching these businesses," Bilson said.

Paul Caruso, Danny Mart and David Woods all say they've given friendly tips to other merchants to help them avoid the type of lawsuit each has defended. Caruso, a former Stanislaus County supervisor, has a Crows Landing Road strip mall on property controlled by his family since 1945. Mart owns a Napa Auto Parts store in downtown Modesto, and Woods Furniture has been in Turlock since 1984.

Mart refused to settle and a judge in Modesto recently threw out the lawsuit brought by McCarthy, because his lawyer failed to show up in court.

"People really need to pay attention," Caruso said. "I'm not happy about (the lawsuit), but at the same time, it is a federal law. Businesses need to do research and get some help before they become an ATM machine like I have."

Bee staff writer Garth Stapley can be reached at gstapley@modbee.com or (209) 578-2390.

___

(c)2014 The Modesto Bee (Modesto, Calif.)

Visit The Modesto Bee (Modesto, Calif.) at www.modbee.com

Distributed by MCT Information Services

Nationwide News