Posts Tagged ‘ADA filing mills’

“Grace Period for ADA Modifications Proposed in Congress”

Duncan Hunter (R-Calif.) has reintroduced the ADA Notification Act, which “would provide businesses accused of an ADA violation with a 90-day grace period to make necessary modifications.” That would, among other effects, cut down on some opportunistic suit-filing that is aimed at the generating of attorneys’ fee entitlements. It is not entirely clear what effect it would have in states (like California itself) where lawyers prefer to sue under state laws that are more pro-plaintiff than the ADA itself. [East County Magazine via CJAC]

December 16 roundup

In ADA-mill news…

“A San Diego lawyer has irritated business owners in the town of Redlands, Calif., by sending out letters on behalf of clients demanding $6,500 settlements for claimed violations of the Americans with Disabilities Act and related state law.” [ABA Journal; attorney James Mason]

“Good Lord, people are complaining because they can’t see a taco, get a life”

Much reaction in the comments at the San Francisco Chronicle to the Ninth Circuit’s “Chipotle Experience discriminates against the disabled” ruling. Earlier here. And Ted at PoL notes this significant passage rejected by the appeals court:

The [district] court found that Antoninetti had failed to show irreparable injury because he had not revisited either restaurant after Chipotle adopted its written policy and because his “purported desire to return to the [r]estaurants is neither concrete nor sincere or supported by the facts.” It also stated that Antoninetti’s “history as a plaintiff in accessibility litigation supports this Court’s finding that his purported desire to return to the [r]estaurants is not sincere. Since immigrating to the United States in 1991, Plaintiff has sued over twenty business entities for alleged accessibility violations, and, in all (but one) of those cases, he never returned to the establishment he sued after settling the case and obtaining a cash payment.”

More on ADA filing mills here. And I’ve now got a longer post up at Cato at Liberty comparing the policy problem of serial ADA complaints to that of patent trollery, mass filing of “citizen suits”, and the business model of recently formed copyright-holder RightHaven. More: Carl Horowitz, NLPC.