Ada Education And Reform Act Of 2017
Mr. Chairman, I have an amendment at the desk. Mr. Chairman, the ADA is a powerful and important law that we all respect and embrace. Unfortunately, in States like California, it has created a cottage industry of unscrupulous attorneys…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, the ADA is a powerful and important law that we all respect and embrace. Unfortunately, in States like California, it has created a cottage industry of unscrupulous attorneys abusing title III of the ADA.
The amendment I am offering is very simple. The current language in the bill permits a business notified of noncompliance with the ADA to simply make substantial progress in remedying the violation. Frankly, this language is too loose. My amendment strengthens this language to only permit the language of ``substantial progress'' where they cannot complete the work because of extenuating circumstances.
Mr. Chairman, this amendment promotes basic fairness. It does not allow dishonest property owners to abandon responsibility by claiming they have made substantial progress. The message is still clear: businesses must fix their ADA violations.
Today is a chance to pass something that addresses the real problem. Let's not let the lack of a perfect solution get in the way of real progress.
I want to speak to some of the issues that we have had in California.
In California, this particular law has created an industry that allows for lawyers to make a lot of money off of small businesses. It has basically allowed shady law firms to make a profit out of abusing the ADA, often resulting in high legal bills and no fix to the allegations presented.
In many cases, businesses are forced into settlements because the cost of fighting an allegation is so great. The average cost of a settlement is $16,000, but the cost of fighting the allegation is sometimes four to six times the average $75,000 income generated by the business.
In California, a simple fix--putting up a sign or moving a door a few inches--can carry a $4,000 penalty, the minimum amount of damages, which will still be in place when the bill passes. This is no small sum if you are a local bakery, a neighborhood grocery store, or a barber shop.
California is ground zero for this problem. It is home to 12 percent of the disabled population but 40 percent of ADA lawsuits nationwide. From 2012 to 2014, 54 percent of all related complaints in California were filed by just two law firms.
The law firms sometimes recruit plaintiffs who are not directly impacted by the ADA or even living in the same State. Fourteen plaintiffs brought 46 percent of all these lawsuits. One of them, Robert McCarthy, filed more than 400 suits against California businesses, and he doesn't even live in the State.
One infamous example is the California-based Moore Law Firm, which filed more than 700 lawsuits over the past few years, resulting in large settlements and sometimes even bankruptcy for some businesses. Given recent laws to address this in my home State, trial lawyers are rushing to States like Texas, New York, and Florida, where they can make a profit.
In 2014, a bar owner living in Torrance, California, was handed five lawsuits in the past 2 years and needed to save up to $30,000 to remodel. She was the target of a small group of attorneys who took aim at businesses in shopping centers for a quick profit.
What we need to do, Mr. Chairman, is take the profit out of making these facilities accessible. We all want them to be accessible. We want to give them notice and a couple of months to cure the problem or else the lawsuit can continue. I think this makes a lot of sense.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield such time as he may consume to the gentleman from Texas (Mr. Poe).