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	Comments on: California: &#8220;New law seeks to protect small businesses from ADA lawsuits&#8221;	</title>
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	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 30 May 2016 02:26:07 +0000</lastBuildDate>
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		<title>
		By: California: “New law seeks to protect small businesses from ADA lawsuits” - California Political Review		</title>
		<link>https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336715</link>

		<dc:creator><![CDATA[California: “New law seeks to protect small businesses from ADA lawsuits” - California Political Review]]></dc:creator>
		<pubDate>Mon, 30 May 2016 02:26:07 +0000</pubDate>
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					<description><![CDATA[[&#8230;] California: “New law seeks to protect small businesses from ADA lawsuits” [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] California: “New law seeks to protect small businesses from ADA lawsuits” [&#8230;]</p>
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		<title>
		By: D		</title>
		<link>https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336648</link>

		<dc:creator><![CDATA[D]]></dc:creator>
		<pubDate>Fri, 27 May 2016 19:54:34 +0000</pubDate>
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					<description><![CDATA[&quot;Meanwhile, in Fresno, some disabled plaintiffs are now suing the lawyers who solicited their involvement in mass ADA filings, saying they broke promises, behaved deceptively, and kept nearly all the proceeds for themselves.&quot;
That happens when you shake the devil&#039;s hand.]]></description>
			<content:encoded><![CDATA[<p>&#8220;Meanwhile, in Fresno, some disabled plaintiffs are now suing the lawyers who solicited their involvement in mass ADA filings, saying they broke promises, behaved deceptively, and kept nearly all the proceeds for themselves.&#8221;<br />
That happens when you shake the devil&#8217;s hand.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336642</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Fri, 27 May 2016 17:11:06 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336630&quot;&gt;Melvin H.&lt;/a&gt;.

If something is built according to standards at the time, that should make the property owner safe even if the rules change.

So if you do build that ramp 4 years ago only to have the standards change two years down the road, the building code would recognize this as a &quot;legal, non-conforming&quot; ramp.  

Taken to a more extreme example, imagine you build your dream home with side and front setbacks that are within the law.  A few years later, the setbacks are increased resulting in your home being across the new setback lines.  

You don&#039;t have to tear down the home and rebuild it so why should the ramp have to be torn down and rebuilt?

Most jurisdictions in which I have lived say you don&#039;t have to bring the non-conforming structure into compliance until you go to replace a certain percentage of the structure itself.  So if the code states that a 50% refurbishment is considered &quot;new,&quot; when you replace 50% of the structure, you have to bring it into compliance with the new codes.

There is nothing that could or should prevent the ADA as a building code being applied in a similar manner.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336630">Melvin H.</a>.</p>
<p>If something is built according to standards at the time, that should make the property owner safe even if the rules change.</p>
<p>So if you do build that ramp 4 years ago only to have the standards change two years down the road, the building code would recognize this as a &#8220;legal, non-conforming&#8221; ramp.  </p>
<p>Taken to a more extreme example, imagine you build your dream home with side and front setbacks that are within the law.  A few years later, the setbacks are increased resulting in your home being across the new setback lines.  </p>
<p>You don&#8217;t have to tear down the home and rebuild it so why should the ramp have to be torn down and rebuilt?</p>
<p>Most jurisdictions in which I have lived say you don&#8217;t have to bring the non-conforming structure into compliance until you go to replace a certain percentage of the structure itself.  So if the code states that a 50% refurbishment is considered &#8220;new,&#8221; when you replace 50% of the structure, you have to bring it into compliance with the new codes.</p>
<p>There is nothing that could or should prevent the ADA as a building code being applied in a similar manner.</p>
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		<title>
		By: Melvin H.		</title>
		<link>https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336630</link>

		<dc:creator><![CDATA[Melvin H.]]></dc:creator>
		<pubDate>Fri, 27 May 2016 11:41:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59224#comment-336630</guid>

					<description><![CDATA[Except that could lead to more abuse of the law: 

 Using the example of the ramp above, imagine if you had put in a (then-) ADA- compliant ramp four years earlier (under threat of fines), only to find the ADA standards had changed two years later--when you get sued again to force compliance under the &quot;current&quot; standards, which forces you to rebuild/modify the ramp....then the ADA standards change again in three more years, requiring something else to get modified/changed (again under threat of more lawsuits / fines), and so on.

Should there be limits on something like that, so the business or public building can break that cycle of build/get sued (ticketed)/fix/get sued later/etc.?]]></description>
			<content:encoded><![CDATA[<p>Except that could lead to more abuse of the law: </p>
<p> Using the example of the ramp above, imagine if you had put in a (then-) ADA- compliant ramp four years earlier (under threat of fines), only to find the ADA standards had changed two years later&#8211;when you get sued again to force compliance under the &#8220;current&#8221; standards, which forces you to rebuild/modify the ramp&#8230;.then the ADA standards change again in three more years, requiring something else to get modified/changed (again under threat of more lawsuits / fines), and so on.</p>
<p>Should there be limits on something like that, so the business or public building can break that cycle of build/get sued (ticketed)/fix/get sued later/etc.?</p>
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		<title>
		By: Manual Paleologos		</title>
		<link>https://www.overlawyered.com/2016/05/california-restrict-ada-lawsuits/comment-page-1/#comment-336594</link>

		<dc:creator><![CDATA[Manual Paleologos]]></dc:creator>
		<pubDate>Thu, 26 May 2016 12:32:53 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59224#comment-336594</guid>

					<description><![CDATA[I have long contended that ADA violations for structural deficiencies should be handled like building code violations, with a compliance ticket.  &quot;Your handicapped ramp is too steep.  Fix it.&quot;]]></description>
			<content:encoded><![CDATA[<p>I have long contended that ADA violations for structural deficiencies should be handled like building code violations, with a compliance ticket.  &#8220;Your handicapped ramp is too steep.  Fix it.&#8221;</p>
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