Category Archives: Uncategorized

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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Is California’s Program for Removing Disabled Access Barriers Effective and Fair? Yes and No, in that Order.

Improving access for the disabled in our built environment is an important societal objective. In the U.S., an increasing portion of our population are seniors with mobility issues, people with illnesses effecting their mobility, and war veterans with ambulatory wounds. … Continue reading

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Trends in ADA Litigation: Three Ways Access Lawsuits are Becoming More Predatory

Disabled access lawsuits have long had a predatory aspect to them. A large percentage of the suits target properties that pre-date the enactment of access laws.  These properties were largely exempted from the Americans with Disabilities Act (ADA) and California … Continue reading

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Are Apartments and other Rental Properties Vulnerable ADA access lawsuits?

While the Americans with Disabilities Act (ADA) and California’s similar disability discrimination laws have broad applicability, the vast majority of lawsuits allege “access barriers” in “public accommodations.”  The reason these access lawsuits  far outnumber other ADA lawsuits (e.g., employment or … Continue reading

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Gov. Brown Signs Highly Touted Disability Lawsuit Reform Bill but is it Overrated?

On September 19, 2012, California Governor Brown signed Senate Bill 1186 by Darrell Steinberg (D-Sacramento) and state Sen. Bob Dutton (R-Rancho Cucamonga), which was designed to deter abusive tactics in disabled access discrimination lawsuits.  The bill has been touted as having the … Continue reading

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