As small businesses are fighting for survival and trying desperately to preserve jobs, Congressman Duncan Hunter’s effort to protect businesses from abusive and frivolous ADA related lawsuits couldn’t come at a better time. In the past week I’ve received numerous calls from local small business owners who have been hit with yet another round of “shakedown” lawsuits looking for a quick settlement pay-out.  

His just introduced “ADA Notification and Compliance Act” would provide businesses with much needed protection from predatory lawsuits by allowing businesses a short window of time to make repairs before a lawsuit can be filed. 

When Congress passed the Americans with Disabilities Act (ADA) in 1990, the intent was to ensure that disabled Americans would be able to access public buildings and be treated fairly in the workplace. Businesses were expected to make “reasonable modifications” to ensure access. But the well intentioned law has been exploited by a handful of unscrupulous personal injury lawyers as a way to extract quick cash settlements.

I have spoken to countless small business owners over the years who have told me it has been very difficult for them to comply given conflicting state and federal standards, voluminous and changing legal requirements over the years, a lack of ADA training for building inspectors and architects, and inconsistent interpretations of damage provisions.  

Although California passed an ADA reform measure that went into effect January first, it did not contain the critical component that leads to abusive lawsuits – giving businesses a window of opportunity to correct violations. If this measure makes it through Congress, states would be required to follow the federal law and small businesses would finally get some real relief from predatory lawsuits.