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ADA/Access Lawsuits
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, 619.295.6059 | | Legislation Status on ADA Reform
According to the bills authors, State Senate Bill 1608 is a reform measure designed to promote and increase compliance with state and federal civil rights laws providing for equal access for individuals with disabilities while reducing unwarranted, unnecessary litigation that aims to extract monetary settlements from businesses rather than seek access. The bill:
* creates an independent state commission on disability access,
* promotes use of state-certified access specialists,
* establishes a court procedure, including a temporary stay of litigation, to defendants who have complied with disability access laws by hiring a specialist.
It does not include any time for a business to make repairs prior to being sued. This bill has passed the State Senate and is expected to come up for a floor vote in the Assembly next month.
Did you know that as of July 1, 2008 there are NEW requirements for ADA signage? Click here to see the changes and order signs.
CA appeals court backs flexible rules on meal breaks
In a major ruling for employers, last week, The 4th District Court of Appeal said employers aren't responsible for making sure their workers take their meal and rest breaks. The employers are only obliged to make those breaks available, the court said.
The decision involves a lawsuit filed by employees in San Diego against Brinker Restaurant Corp., a Dallas chain that operates Chili's, Romano's and other restaurants in California.
CLICK HERE FOR MORE DETAILS... | | | CALA in the News Printed from Union Tribune,
Letters to the editor, June 30, 2008 Regarding "Adding to burden/Dems' plans turning business climate darker" (Editorial, July 23):
The Union-Tribune is absolutely correct in its assessment that our California lawmakers are creating a hostile business environment. However, businesses are actually being assaulted by lawmakers on three fronts - taxation, regulation and litigation.
During this current legislative session, every bill our watchdog organization, San Diego County Citizens Against Lawsuit Abuse (in which I serve as president), supported was killed in committee on a party-line vote: class-action reform, cutting down on meritless and frivolous claims, giving businesses a short time to make ADA-related repairs before being sued, etc.
A recent survey showed that 88% of business owners believe frivolous lawsuits are a serious problem and 73% want the Legislature to enact laws to help protect business from unfair and frivolous suits.
Instead, our lawmakers are doing the exact opposite. As other states are enacting successful tort reforms and creating more favorable business climates, personal injury lawyers are descending on California in the new 21st century gold rush.
Most business owners will likely never make an attempt to directly contact their legislator and demand relief, since it seems like a lost cause given our hopelessly gerrymandered districts. They are more likely to just pack up and vote with their feet, taking their tax dollars and jobs to a more welcoming state.
LORIE ZAPF
UNION-TRIBUNE, July 26, 2008
Lawyer sues more than 60 area businesses over disabilities law
SAN YSIDRO - An attorney who has filed nearly 1,500 federal lawsuits in California since 1993 and dozens more in the county since 2004 to enforce the Americans with Disabilities Act has set his sights on South County.
Attorney Theodore Pinnock has filed lawsuits against more than 60 businesses in National City, Chula Vista and several south San Diego communities, claiming people with disabilities were denied access. The 1991 federal ADA law ensures them access to public places and businesses. CLICK HERE FOR FULL STORY | | Check out The Daily Transcript on Friday, August 1, for a Commentary by SDCALA President, Lorie Zapf | |
