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Predatory ADA lawsuits attack Hermosa businesses

La Paz #2 owners Pilar and Fernando Valerio have been targeted with two ADA lawsuits in two years. Photo by Kevin Cody
by Kevin CodyEleven Hermosa Beach business owners and managers sat around the fire pit in the Tiki Kai patio on a hot afternoon in January to discuss an onslaught of costly lawsuits filed against them.The suits sought $10,000 to $20,000 in damages for violations of the Federal Americans with Disabilities Act and the California Unruh Civil Rights Act.The suits occur with such frequency the business owners consider them as “a cost of doing business.” And as “extortion.”[cap
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Where does the money go when the businesses are sued and settle?

I am an attorney who has represented numerous clients sued on ADA law suits. It is an expanding business for ADA plaintiffs. Orginally I saw lawsuits alleging ADA parking violations, restroom fixture problems and counter highth issues. But now clients are being suied because their websites do not comply with recommended standards. Others because they email customers outside of business hours where the customer resides.

I have won the cases I have taken to trial because the plaintiffs are little more than cappers for lawyers who file hundreds of these lawsuits each month. The plaintiffs are very poor witnesses with little crediability. In one case I won, the plaintiff did not know what the business with the alleged noncompliant parking sold and was vague on why he was going there. In other words, I attack the plaintiff on the allegation that alleged defect really effected his/her ability to shop at the business.

I do not solicity these clients because I have never been able to defend a case for less than the settlemet demand.

Robert Aronoff
Hermosa Beach

I’ve been a lawyer in Los Angeles County for 45-years and I’ve represented a number of local stores who have been targeted by these scam artists who claim to represent ADA clients. While there is a need for ADA accessibility, the lawyers who write these demand letters are just looking for blood money from small businesses who can’t generally afford to fight back against the claims. The lawyers take a very large cut from any blood money paid by the small business and the affected person is just the key to open the door to these extortion suits. There is no easy solution to the problem.

The laws need to be changed. President George H.W. Bush said one of his biggest regrets in office was signing the Americans with disabilities act. He never realized how what appeared to be a good idea, would be exploited with such disregard for common sense.

MB

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