Valley businesses need Feinstein’s bipartisan clout to address ‘vicious’ ADA lawsuits

When I opened my first business 29 years ago in Fresno, I​ carefully reviewed the multitude of rules and regulations governing my industry, and made sure to contact all relevant agencies to schedule the required inspections.

There was a parade of inspectors from local entities such as Fresno’s fire and city planning departments, to state based regulators OSHA, health, and economic development departments. I continued to engage these agencies, and many more, on an ongoing basis in an attempt to keep up with the complicated and ever evolving federal, state, and local regulations.

One regulation in which I was particularly sensitive about compliance is the Americans with Disabilities Act (ADA). However, in spite of making the necessary investments to become and maintain legal compliance, I was hit with a vicious ADA lawsuit.

Without warning, I was accused of a litany of minor, technical violations of the law. Panicked about losing my business, I hired an attorney who explained to me that the ADA deals in strict liability. Meaning, no matter how small the infraction, such as a measurement being off by less than one inch, liability was absolute with no grace time to make an adjustment.

I was certain my business was going to close and the small corner of the American dream I had worked so hard to achieve would disappear.

Business owners across California, and the United States, understand that feeling. As an immigrant, I dreamed of growing my small store into something that would give my children better lives.

The plaintiff’s attorney knew we didn’t have the money to take our case to trial and fight him off. After several weeks of negotiation, we realized the trial lawyer just wanted cash, and we were forced into a settlement. Nearly all of our savings was taken from us, and we struggled to stay afloat and in business.

Time and again, this same story repeats itself with entrepreneurs everywhere.

However, there is now some hope. But we need the support of Sen. Dianne Feinstein to make it happen.

A bipartisan measure, House Resolution 620 ADA Education and Reform Act of 2017, was introduced to help small business owners remain in compliance with the ADA, as well as protect them from trial lawyers looking to file shakedown lawsuits.

If enacted, HR 620 would give business owners 120 days to address minor ADA problems without facing a lawsuit. If after that 120 days the business owner is unwilling or unable to bring their establishment into compliance, a plaintiff may bring a lawsuit sue to compel action and recover fiscal penalties. Thankfully, this bill passed out of the House of Representatives and now awaits action in the U.S. Senate.

While the ADA has been in effect for 28 years, its requirements have been a moving target. A business in compliance just three years ago may now be out of compliance due to a minor change in signage requirements

There is also a provision in this law that requires the government to provide ADA information in several languages. This is important because approximately 70 percent of businesses sued in Northern and Eastern Court alone are immigrant- and minority-owned businesses making between $20,000-$60,000 a year for their families.

I hope Feinstein will consider supporting H.R. 620 when it comes to her. Small businesses in the Valley and across the state need her help.

This story was originally published March 22, 2018 at 12:02 PM with the headline "Valley businesses need Feinstein’s bipartisan clout to address ‘vicious’ ADA lawsuits."