Having represented a handful of small business owners in cases alleging ADA violations and violations of California’s disability access laws, unfortunately that is not a defense. In fact, under California’s parallel statute, an argument that the violation is “de minimis” is expressly excluded. Further, because of the statutorily set damages, and attorneys’ fee shifting provisions, attempting to defend such suits comes with a massive risk. There are a handful of individuals who are fairly well known in Northern California who are professional plaintiffs. One in particular (who has been a plaintiff in well over 300 filed cases, usually against small, family owned restaurants) is confined to a wheelchair and goes into as many businesses as he can per day with his camera, tape measure, and check list of what to measure.

We have fallen through a Kafkaesque rabbit hole.