Category Archives: Uncategorized

April 2020 – Observations from the Trenches.

There’s been no slow down in the number of accessibility lawsuits filed during the Corona Virus Stay-at-Home mandate.  Process servers have been out serving lawsuits but hopefully not spreading the virus.  At least thus far.  A lot of the traditional … Continue reading

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Court rules that fraudulent ADA lawsuits are immune from action by the state?

It has not been a good summer for stemming the tide of shake-down lawsuits filed under the banner of the ADA.  Courts. On April 24, 2019, the District Attorney of Riverside County filed a civil lawsuit, People of the State … Continue reading

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Riverside District Attorney sues ADA litigants

The Riverside District Attorney’s Office has taken a momentous step in curbing abusive ADA litigation.  On April 24, 2019, The DA’s office  filed a lawsuit against Craig Gerald Cote, 67, of Huntington Beach, Babak Hashemi, 40, Joseph Richard Manning, 50, … Continue reading

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Can you get justice for a fraudulent ADA lawsuit?

I often get the question: “Can I sue them back”?  People who are sued by ADA plaintiffs know  in their hearts that many, if not most, of the ADA lawsuits are essentially extortive, and did not involve a real disabled … Continue reading

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Is Your Website Vulnerable to an ADA Lawsuit?

Published originally at oscodelaw.com as: Are Your Websites at Risk for an ADA Lawsuit? Enacted in 1990, and amended multiple times since, the The Americans with Disabilities Act (ADA) was created to ensure equal access for people with a wide range … Continue reading

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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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