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April 14, 2022

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Paloma Ave

The ADA was one of the worst pieces of legislation passed during the first Bush administration.

Joe

SSF stepping in.

South San Francisco businesses, some facing threats of Americans with Disabilities Act lawsuits, could get some financial relief to make accessibility or other improvements with a newly established grant program offering payments up to $25,000.

The City Council this week agreed to use $500,000 from its reserves to aid the small business community following a wave of litigation threats made by a Southern California law firm targeting shops and restaurants with facilities like restrooms or seating options that are not ADA compliant. Legal fees and required changes can cost hundreds of thousands and cause businesses to shutter.

https://www.smdailyjournal.com/news/local/ada-compliance-aid-headed-for-small-businesses-in-south-san-francisco/article_0cb0f6a4-bd38-11ec-a7ea-37dcd8edfb56.html?utm_source=smdailyjournal.com&utm_campaign=%2Fnewsletters%2Fheadlines%2F%3F-dc%3D1650117615&utm_medium=email&utm_content=headline

Spurinna

The solution is not for government to continue buying votes by handing out money.

The solution is for government to change the laws so they can’t be used to harass free enterprise.

Paloma Ave

Spurina - You are 100% correct!

Joe

Just when you thought this issue couldn't get anymore insane, the Chronicle runs this today:

The first time Kevin Reid received a letter informing him that his family was being sued, he assumed it was “some kind of spam thing.”

But the letters kept coming, and then a notice was delivered in person. A Florida resident named Andres Gomez was suing the Reid family for violating the Americans with Disabilities Act because, the complaint alleged, the WEBSITE for the family’s Napa winery failed to meet accessibility standards.

Reid Family Vineyards is one of at least 50 California wineries that Gomez has sued since the beginning of the year over website accessibility issues.

The wine industry is among many groups targeted lately by a siege of ADA lawsuits, many of them handled by Potter Handy.

Under the ADA, brick-and-mortar businesses that operate websites must comply with certain accessibility standards to accommodate the visually impaired. One common violation he alleged is that images on a website do not have a text equivalent that could be interpreted by a screen reader. Gomez also complained of an “impermissibly low contrast enabling differentiation of background and foreground elements.”

https://www.sfchronicle.com/food/wine/article/50-Bay-Area-wineries-got-hit-with-disability-17079937.php

Paloma Ave

What are the three truisms in life?

1

Paloma Ave

1) The check is in the mail; 2) I am from the government and I am here to help; 3) ?

Mom

No good deed goes unpunished

hollyroller@gmail.com

So, like any other "Scam" the Litigant is just throwing unsubstantiated claims all over and hoping someone will just pay them to go away?
Or is there really something that needs to be addressed?

Just Visiting

The answer to Holly's question is: both.

The ADA is a well-meaning piece of legislation aimed at making the world more accessible for people with disabilities--and there are lots of ways businesses and governments can improve access to people with disabilities that they largely won't do unless they have to or have a personal experience that informs their POV (because: costs).

And there are plenty of plaintiffs' lawyers who have made cottage industries out of suing anyone and everyone to enforce changes (but mostly to collect fees). They generally don't care if there is a legitimate need, or legitimate complaint, and they often essentially employ the same individual with a disability to visit businesses to find problems (that often aren't especially severe, if at all).

hollyroller@gmail.com

Thank you.

Joe

There are pieces in both the DJ and the Post about the number of ADA lawsuits by Potter Handy "plummeting" after the filing date of the DAs' suit. Looks like good progress. I do hope the DAs' suit continues.

Barking Dog

https://www.rwcpulse.com/redwood-city-news/federal-judge-finds-ada-plaintiffs-testimony-not-credible-dismisses-his-suit-against-redwood-city-restaurant-5340106

Joe

Thanks, Barking Dog. You beat me to it, but I have added a bit to the original post from a front-page article in the weekend Daily Post about the impact in B'game.

Joe

I cannot fathom how a judge would delay this trial. Justice delayed is justice denied. Per the DJ:

A San Francisco Superior Court judge on Thursday postponed argument on the legitimacy of thousands of Bay Area lawsuits brought in federal court under the Americans With Disabilities Act.

Judge Richard Ulmer said that he did not want to “spend judicial resources” on the dispute until he found out if the successor to recently recalled San Francisco District Attorney Chesa Boudin will pursue the case.
------------------
The new DA (Brooke Jenkins) should put out a press release this afternoon confirming on-going pursuit in the lawsuit.

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