Category Archives: Uncategorized

California AB 1521 now law: Strongest measure yet to curb ADA abuse

Assembly Bill 1521 was signed into law on Oct. 10, 2015.  It attempts to curb disabled access lawsuit abuse, in particular by “frequent filers.”    Like its predecessors, Senate Bill 1608 in 2008 and Senate Bill 1186 in 2012, AB … Continue reading

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How to minimize your liability right after a disabled person sues you

As is oft repeated in this blog and elsewhere, the ADA in combination with California discrimination statutes creates a perfect storm for those wanting to use legal process more than merit to force businesses into disproportionate monetary settlements.  Relief has … Continue reading

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To CASp or not to CASp?

“CASp” refers to Certified Access Specialist.  The designation was created by California Senate Bill 1608 which became law 2008, and can be found in Civil Code sections 55.3 et seq. When the bill was working its way through the legislature, … Continue reading

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The Six Best Things to “Fix” to Prevent a Lawsuit by an Access Lawsuit Troll

While disabled access laws prescribe literally hundreds of specifications, there is a shortlist of items that trigger the majority of lawsuits.  A property owner or business can substantially reduce the chance of being sued by upgrading these items, often at … Continue reading

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A Proposal for Access Lawsuit Reform that Helps Everybody but the Lawyers

Even staunch supporters of the American’s with Disabilities Act and it’s California corollaries now widely acknowledge that these laws are being abused. A few lawyers and plaintiffs bring the bulk of the state’s disabled access lawsuits, typically relying on the … Continue reading

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Disabled Access Lawsuit Myths: Second Myth – Small Claims Need Big Lawsuits to force Compliance (i.e. Injunctive Relief)

This article is the second installment of the disabled access “myth” series. The first installment discussed the myth that alleged violators have been violating the law for for nearly 25 years. The article pointed out the fact that businesses in … Continue reading

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Disabled Access Lawsuit Myths: First Myth – 20 Years of Violating the Law.

The Americans with Disabilities Act (ADA) and has done much to reshape our country to make it more accessible to people with all varieties of disabilities. There is no doubt that it was one of the most important and beneficial … Continue reading

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