In California, there is a piece of legislation being introduced that could result in changes to how businesses comply with the state’s disabilities law. It would give businesses more time to correct violations to the disabilities law before a lawsuit can be filed. It is believed that these changes will reduce the number of what have been called “frivolous lawsuits”.
California, like many other states, has laws in place that are designed to make stores, offices, malls, and other public places, more accessible for people who have certain types of physical disabilities. For example, all of the aisles in grocery stores, and retail stores, are required to be large enough for a person to easily fit a wheelchair through. Businesses must have bathrooms that are big enough to maneuver a wheelchair in. These are just a few examples.
Senator Bob Dutton has introduced legislation that, if made into law, would give business owners who violate the disabilities law more time to make corrections to access violations before a lawsuit can be filed about those violations. The legislation would give a business owner a certain amount of time to correct the “alleged problem” before he or she would be fined.
This proposed legislation is not about protecting the rights of people who have disabilities. It is about protecting the finances of business owners. Right now, according to Senator Bob Dutton, all it takes for a lawsuit to be filed is for one person who has a disability to locate a business that is in noncompliance with the disabilities law.
These lawsuits have, in some cases, led to attorneys and individuals collecting thousands of dollars from business owners and their insurers. This can cause the liability insurance premiums of the business to increase. It will also cost the business some money to make physical changes that would bring them back into compliance with the disabilities law.
Senator Dutton has said that his proposal will combat what he has called “extortion of businesses” by exploitative individuals and lawyers. The legislation will give business owners who violate the disabilities law some more time to correct access violations before someone can sue them for being noncompliant with the disabilities law.
Personally, I find this troubling. It seems to me that if this piece of legislation is passed, it would function as a disincentive for businesses to comply with the disabilities law. They would no longer have the looming threat of a lawsuit hanging over them if they decide not to comply with access requirements.
I believe this will cause some less than honest business owners to choose to avoid making the changes to their stores that would put them into compliance with disabilities law. After all, it costs money to remodel a bathroom that is too small, or to put a ramp next to the stairs by the front door.
Some business owners are going to wait to make those changes until someone threatens them with a lawsuit. Once that happens, the business owner would be allowed to drag his feet about making the necessary changes.
Image by bobosh_t on Flickr