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Category Archives: Uncategorized
Access Lawsuits: Private Enforcement of Accessibility Leads to Profitable Settlements Rather than Practical Access Solutions.
It’s probably fair to say that the U.S.A. is the World’s leading proponent for capitalism and private enterprise. As President Reagan famously asserted in his 1981 inaugural address, “government is not the solution to the problem; government is the problem.” … Continue reading
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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 ADA lawsuits are immune from Civil action by the state, even if alleged to be fraudulent.
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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Tagged accessibility, ADA, Americans with Disabilities Act, disabled, District Attorney, lawsuit abuse, lawsuits, Riverside
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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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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
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
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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Tagged ADA, Americans with Disabilities Act, CASp, Certified Access Specialist, SB 1186, SB 1608
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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
ADA Defense Law 