BY BRADEN CARTWRIGHT
Daily Post Staff Writer
A state bill intended to prevent abuse of the Americans with Disability Act is at risk of dying in the state Assembly, but a group of small businesses is pushing for a vote before Friday’s deadline.
The Mid-Peninsula’s two members of the Assembly aren’t saying how they will vote.
Senate Bill 84 would require potential plaintiffs to send warning letters to business owners and allow them to fix accessibility issues before they get sued.
Hundreds of small businesses on the Peninsula have been caught off-guard by law firms like Potter Handy that specialize in ADA lawsuits and find issues with a building.
For example, the ramps might be too steep, or the tables too tall.
Businesses usually settle the lawsuits for around $10,000 rather than risk losing more in a trial.
Potter Handy targeted downtown Palo Alto restaurants that had ADA violations in their outdoor dining setups in 2021. The firm has also sued businesses along El Camino Real, on Castro Street in Mountain View and Laurel Street in San Carlos.
The National Federation of Independent Business said SB84 is common-sense protection for small businesses, giving them 120 days to fix issues.
The state Assembly has until Friday to set a committee hearing date, or the bill will die.
Assemblyman Marc Berman, D-Pa-lo Alto, and Assemblywoman Diane Papan, D-San Mateo, didn’t return phone calls and emails yesterday about their position on the bill.
“If the Assembly’s strategy was to bank on ignoring it in hopes of it going away, we will not let the issue die with your constituents and next year’s voters,” NFIB California Director John Kabateck said in a statement yesterday.
SB84 passed the state Senate 34-2 on June 4, including a yes vote from state Sen. Josh Becker, D-Menlo Park.
“To not give it one hearing in the Assembly is anti-democratic,” Kabateck said. “In the too frequent battle between fat-cat trial lawyers and struggling small business owners, the wealthy always win. Bad message to send.”
A similar bill last year, Senate Bill 585, also made it through the state Senate but stalled in the Assembly.
The ADA is a building code signed in 1990 that requires least 5% of seating to be accessible for people with disabilities. The code is enforced by private citizens through lawsuits.
Related stories
Dec. 19, 2017 — ADA litigant sues Chef Kwan’s, city of Menlo Park; She’s filed 37 suits in 30 months
May 9, 2018 — Serial ADA litigant sues Jeffrey’s Hamburgers
July 12, 2018 — Family business speaks out after two ADA lawsuits
March 22, 2019 — Another business hit with an ADA lawsuit by a frequent plaintiff
May 1, 2019 — Cafe closes after third ADA lawsuit
May 19, 2019 — Frequent ADA plaintiff Scott Johnson indicted for tax fraud
Aug. 12, 2021 — Serial ADA plaintiff targets restaurants with tables outdoors
Jan. 9, 2022 — ADA lawsuit forces restaurant to close
Jan. 24, 2022 — Boutique closing after ADA suit, minimum wage hike
July 7, 2023 — Small businesses unite to combat ADA lawsuits
If the intent of the law was to make restaurants available to the handicapped then it’s completely reasonable to allow a business to remedy the situation before being financially punished. This bill is completely reasonable. These unethical attorneys must be spending a LOT of money in the Assembly to prevent these common sense measures from taking hold. We need to stop this legal gravy train.
How many businesses have closed because of these lawyers? And these two Assemblypersons can’t lift a finger to stop others from closing? They don’t represent their communities, they represent trial lawyers and ambulance chasers.
I’m glad Josh Becker voted for this bill. I hope Marc Berman can summons the courage to vote for it as well. Berman seems to be captive of the special interests in Sacramento and needs to focus on the problems in his home community. Hopefully he will be able to vote for a bill that will help our small businesses.