Comments on: “ADA lawsuits questioned after serial plaintiff claiming emphysema caught on tape hiking”

By: Robert

Robert — Fri, 16 Sep 2011 21:54:10 +0000

Mike:

CA only allows me to file two small claims lawsuits over $2500/year (it doesn’t matter if I win or lose the cases, etc)

(For full details see http://www.dca.ca.gov/publications/small_claims/basic_info.shtml )

If they can legally enforce this, I see no reason why they can’t use the same logic to limit the number of ADA claims for any one individual during the year.

By: captnhal

captnhal — Wed, 07 Sep 2011 12:45:20 +0000

As long as there is little risk of penalty to the filer of so many suspicious suits and so much money to be made by filing them, the problem will not go away.

By: Bill Alexander

Bill Alexander — Tue, 06 Sep 2011 22:59:58 +0000

There also should be easily available, easily understood rules as to what is a violation and what is not.

By: Mark Biggar

Mark Biggar — Tue, 06 Sep 2011 22:05:29 +0000

The idea is that the government knows full well it has neither the time, personnel nor money to enforce the ADA rules, so they set up this (badly designed) bounty hunting system so that private citizens will volunteer to do it for them. It’s badly designed as there is no real incentive to fix things, just to collect bounties. There really ought to be a rule that if the problem gets fixed in says 90 days then the plaintiff get a nominal amount (like $50.00).

By: Leafs004

Leafs004 — Tue, 06 Sep 2011 18:22:42 +0000

Another idea would be that companies have to fix the problem, but the filer get $0. I never quite understood the idea of being paid to find minor ADA violations with businesses.

By: Jack Wilson

Jack Wilson — Tue, 06 Sep 2011 17:35:51 +0000

mike – or pay a lump sum amount to everyone who is disabled and then sh*t can the law.

By: mike

mike — Tue, 06 Sep 2011 16:31:40 +0000

What would be wrong with a provision in the ADA that says a maximum of, say, 5 lawsuits per disabled person ?