comments

Rewrite ADA rule book

Reader Input
-A +A
I would like to respond to Allen Cassidy’s letter of Monday (July 11) regarding Scott Johnson’s continual use of the ADA (Americans with Disabilities Act) law against small businesses. Allen wondered why the businesses sued just do not stand up and fight these ADA lawsuits. Unfortunately, the federal and state laws have been written so that even the most minimal violations of the guidelines for disabled people access require a remedy. There are almost no legal defenses available. If a business decides to fight, there are rich remedies to the ADA plaintiff, such as attorney’s fees and expert costs recoverable to the plaintiff. Even though the judge may think the individual case is ridiculous, he has to follow the law and rule that the measures to re-build the business are required, or they must close down, and the legal costs and attorneys goes to the disabled person. There is no option available. The law must be changed to prevent this abuse, it cannot be attacked within the ADA laws on the books. As an attorney that has defended three lawsuits brought by Scott Johnson, we studied the ADA laws and realized that costs will escalate out-of-hand, so we all agreed to settle for between $3,500-$5,000. Johnson requires improvements within two years, but who knows if he ever re-visits the premises. Joe Marman, Auburn