Thursday, August 6, 2009

This Makes Me See Red

This Makes Me See Red

Look, I understand the motivation for the ADA law requiring businesses to make reasonable accommodations to the disabled. But there does come a moment when the idea of limiting lawyers who file these suits to $30 per hour so that they are filing these suits for the right reasons starts to get very attractive. From the May 6, 2008 Eureka (Cal.) Times-Standard:

Eureka's Arctic Circle franchise has closed its doors after the restaurant was sued for noncompliance with the Americans with Disabilities Act.
Jack Williams, who has owned the franchise with his wife, Peggy, since 1989, said the couple decided to close the business last Tuesday because they cannot afford the renovations required by the lawsuit.
The suit was filed by local attorney Jason K. Singleton, who in recent years has filed ADA-related suits against a number of local establishments, including Village Pantry, Broadway Cinema, Fortuna Theatre, Cafe Waterfront and College of the Redwoods, among others.
The Arctic Circle suit -- filed February 25 against the Williamses and property owners Lloyd and Ann Scott on behalf of plaintiff Marcy J. Velasquez -- listed 22 ADA violations, alleging that the counters were too high, the doors were not wide enough and the bathrooms were too small to accommodate a wheelchair.
Williams expressed frustration with the suit, claiming that Singleton and other lawyers hunt for businesses with ADA violations in order to make money.
”When you have lawyers like this -- they're within the law, but I think the law should be changed,” he said. “People shouldn't be allowed to prey on businesses like that.”
The Eureka restaurant opened in 1967.
You know, I can see a strong case for why government buildings should be brought into compliance. I can see a case for why new buildings should be built to accommodate wheelchairs. I can see a case for why buildings that experience a substantial remodel should be updated. But this building is from 1967--and there are some changes to a building that are hideously expensive. And it's pretty clear that these suits are about money, not improving the situation for those in wheelchairs--with some businesses having to decide whether to shut down or not:

The owners of Six Rivers Brewery recently had to make that very decision after Singleton filed a case against the McKinleyville establishment alleging 10 ADA violations.
”We got a letter from a lady who claimed she had been in here and the facilities kept her from enjoying her time here,” said co-owner Meredith Maier. “We told her we would reimburse the cost of the meal and we would love to sit down and figure out what we could do to improve things. The way she answered was by suing us.”
Of course, the usual sorts are insisting that everyone needs to comply at once, regardless of cost:

Chris Jones, executive director of Tri-County Independent Living, defended the 16-year-old federal ADA law, saying it has done more good than harm.
”The intention of the law was to allow access for people with disabilities not only to services and stores, but to not be discriminated against with employment opportunities. It's really a civil rights law. I think it's pretty complete.”
Jones said most of these cases could be resolved if business owners simply made the necessary renovations.
”Why fight this?” Jones asked. “Why not, let's work together to resolve this rather than make it a combative situation?”
I think the answer is bit earlier up: this is combative because lawyers are making money filing these suits, instead of trying to resolve the situations.

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