Valley legislators introduce bills to reform ADA law, curb abuse

Two Central Valley state Assembly members teamed up this week to introduce legislation that would reform the state’s Americans with Disabilities Act by allowing businesses time to fix deficiencies and reducing damages for violations.

The pair of bills, introduced in the 2015-16 Legislative Session on Monday by Assembly Republican Leader Kristin Olsen, R-Modesto, and Assemblyman Adam Gray, D-Merced, are in response to a wave of ADA lawsuits that have hit businesses across the Central Valley.

Olsen’s AB 54 would give businesses 60 days to update facilities once a violation is spotted. The law currently allows no grace period, and businesses can be hit with litigation for minor ADA violations without any notice.

Gray’s AB 52 would significantly reduce damages if violations are corrected within 180 days. Gray told the Merced Sun-Star the legislation might be tweaked, but the bill proposes trimming damages to a maximum of $1,000 per violation, as opposed to the current $4,000 per violation.

Gray said Friday the two bills are a “common sense” approach to protecting access for the disabled and allowing business owners time to fix ADA violations without being hit with predatory lawsuits.

“I have zero intention of undermining access for the disabled,” Gray said. “My intention is to protect that law by not letting unscrupulous lawyers take advantage of it and file these drive-by lawsuits that are all about getting a settlement.”

A series of stories in September by the Sun-Star and The Modesto Bee spotlighted a handful of serial ADA litigants and the growing number of lawsuits in the Valley. An Atwater woman sued 21 businesses in Merced and Stanislaus counties, an Arizona pedophile in a wheelchair targeted 19 businesses, and two Southern California men sued about a dozen.

Some businesses, such as Ming’s Restaurant in Los Banos, were forced to close permanently as a result of the lawsuits, according to the owners.

In response to the newspaper articles and a host of complaints from businesses, Gray held several workshops to discuss reforming the 1990 law. Brook’s Ranch restaurant owner Matthew Jerkovich, who was targeted in an ADA lawsuit costing more than $15,000, attended Gray’s first workshop.

“This is robbery, and I told them that,” Jerkovich said Friday. “It’s plain extortion, and it needs to be changed.”

He said he’s happy legislators have taken notice of the issue and hopes the effort to change the law continues and results in relief for small business owners.

Having the two bills go on could be an uphill battle, Gray said, though he commended the bipartisan support from legislators across the Valley. Next, the bills are likely to go before the Assembly’s Judiciary Committee, which is often dominated by urban legislators with legal backgrounds. Previous ADA reforms have died in this committee.

But Gray said he is confident the committee members and other legislators can be convinced of the importance of reforming the ADA law. “We have to tell those stories and bring attention to the issue in order to create the incentive in the Legislature to fix the problem and make it a reasonable law,” he said.

Jennifer Krumm, chief operating officer of the Greater Merced Chamber of Commerce, said it’s “refreshing” to see Central Valley lawmakers working together to bring a positive change. The chamber recently hosted an ADA informational workshop attended by more than 140 people.

Krumm said the proposed changes seem reasonable for both disabled individuals and the business community.

“Giving them more time allows them to fix the infraction without getting sued first,” she said. “These mom-and-pop businesses get nailed with these large fines, and they either have to lay off employees or close their doors. It has a trickle-down effect.

“We need to start embracing and supporting our business community, no matter what political party you are,” she added. “(Olsen and Gray) are representing their districts as a whole.”

This story was originally published December 5, 2014 at 6:54 PM with the headline "Valley legislators introduce bills to reform ADA law, curb abuse."