New California law provides for more access, fewer lawsuits against businesses

From the San Diego Union-Tribune in California:

CHULA VISTA, Calif. – Business owners across the state are hoping new legislation will encourage better access for disabled people while reducing the number of unwarranted lawsuits over such access.

Local business owners who have been targeted by lawsuits over access for the disabled, as well as at least one state business leader, celebrated the newly passed legislation yesterday at the Chula Vista courthouse, where many of those lawsuits have been filed.

“It's not perfect,” said John Kabateck, executive director of the Sacramento-based National Federation of Independent Businesses, California. “But it ensures fairness and provides small businesses with protection against egregious lawsuits.”

Some state advocates for the disabled also heralded the law as a positive step. Margaret Jakobson-Johnson, advocacy director for Disability Rights California, called it a “good compromise between business groups and disability groups.”

“This law will improve access and at the same time give businesses incentives to comply without being sued,” she said from her office in Sacramento.

The new law, SB 1608, signed by Gov. Arnold Schwarzenegger Oct. 1, reduces the chance of business owners being sued over access for disabled people by allowing owners to be certified by the state that they're in compliance with the Americans With Disabilities Act of 1990. It was created with input from advocates for the disabled and business groups.

Thousands of lawsuits over access have been filed in federal and state courts by a handful of lawyers in the past few years. Business owners say that often the plaintiffs never enter a business, use nearly identical language in multiple lawsuits and demand cash for early settlement. This law will require people who sue to have personally been denied access because of a disability.

In San Diego, attorney Theodore Pinnock targeted South County businesses this year with more than 60 lawsuits to force compliance with disability laws. A few years ago, he filed 30 similar lawsuits in Alpine and 67 in Julian.

Motel owner Carlos Vazquez was among more than two dozen business owners Pinnock sued this year in San Ysidro. Vazquez has made changes to his businesses, but he says the cost of hiring attorneys to fight the battle has been devastating.

He showed up at the Chula Vista courthouse steps yesterday to show his support for the new law. He was joined by a disabled veteran, a representative of a group that tries to reduce frivolous lawsuits, and other business owners.

Vazquez said it's disheartening to be sued as he struggles to make ends meet and reduces his own salary to build up his equity and assets.

“Then someone comes in and says, 'Pay me,' ” Vazquez said. “It makes me want to just pay my employees, pay everything off and close everything down. I feel violated.”

Pinnock, though, called SB 1608 a “feel-good law which will not promote compliance without litigation.” He said most businesses won't be certified before a lawsuit is filed.

Kyla Christoffersen, a policy advocate for the California Chamber of Commerce, one of the business groups involved in developing the bill, said there are still specifics that need to be worked out, and she noted that the bill doesn't require business owners to seek compliance or hire inspectors.

“Some (people who worked on the bill) felt it wasn't doing enough, and others felt it was doing too much,” Christoffersen said.

Lorie Zapf, president of San Diego Citizens Against Lawsuit Abuse, also celebrated in Chula Vista.

“This is a big, big deal,” Zapf said. “Someone won't be able to just go in and look around for a laundry list of violations and say, 'Hey, if you pay me a couple of thousand dollars, I'll go away.' ”

The law goes into effect Jan. 1.

“This is one of the most important bills the governor signed this year,” said the bill's author, state Sen. Ellen Corbett, D-San Leandro.