Protect California's small businesses from ADA lawsuit abuse 

Lawsuit abuse is stifling the growth of our small business sector and leaving current small-business owners fearful of potential drive-by litigation.

I recently attended a virtual meeting hosted by Citizens Against Lawsuit Abuse (CALA) with Assemblymember Dawn Addis (D-San Luis Obispo). As a small-business owner and board member of the South County Chambers of Commerce, I've witnessed firsthand the devastating impact that abuse of our legal system has on small businesses in California. While well-intentioned laws like the Americans with Disabilities Act (ADA) aim to ensure accessibility for all, some trial lawyers have found a way to exploit minor code violations to line their own pockets, leaving business owners reeling at the idea that the subsequent lawsuit could destroy our very livelihoods.

For everyday voters, this issue might seem opaque and hard to quantify. That is until they encounter a permanent closure sign on their favorite coffee shop or local goods shop.

The ADA was enacted to promote accessibility and inclusivity, which are noble goals I fully support. However, the system is being exploited by opportunistic lawyers who prioritize profits over integrity.

Small businesses like ours are often sued for alleged ADA violations that could reasonably be addressed through communication and cooperation rather than costly litigation. Many of these violations are minor, technical, and have no real impact on the accessibility of our establishment. Yet, lawyers use them as ammunition to file lawsuits that can result in exorbitant legal fees, settlements, or even the closure of businesses.

The fear of a potential ADA lawsuit looms over every business interaction, distracting from the primary mission of serving our customers and supporting our employees. The legal costs associated with defending against these lawsuits can devastate small businesses to the point where even in vindication, the damage to reputation and finances can be irreparable.

To address this issue, our lawmakers must take action to reform the way ADA cases are handled.

First and foremost, we need stricter guidelines to distinguish between legitimate cases of ADA noncompliance and frivolous lawsuits. It should not be profitable for lawyers to sue businesses over minor technical violations. Instead, we should encourage open dialogue and cooperation between businesses and individuals with disabilities to achieve true accessibility.

Furthermore, we must explore ways to hold predatory attorneys accountable for their actions. While ADA lawsuits have undoubtedly played a vital role in improving accessibility, they should not be a source of enrichment for a select few. Implementing stricter penalties for lawyers who abuse the ADA for financial gain would deter such behavior and help restore the law's original purpose.

The issue of lawsuit abuse in California, particularly concerning ADA enforcement, is a pressing concern affecting small business owners like me and the communities we serve. It's time for our lawmakers to step in and address this problem head-on. We need reforms that strike a balance between accessibility and fairness, protecting both the rights of individuals with disabilities and the livelihoods of small-business owners.

As Californians, we are responsible for ensuring that our laws serve their intended purpose and do not become tools for exploitation. I urge our legislators to take action now before more small businesses are unjustly burdened and the spirit of the ADA is further eroded. It's time to protect our state's entrepreneurs, employees, and communities from the scourge of lawsuit abuse. Δ

Adam Verdin is the co-owner of Old Juan's Cantina in Oceano. Respond with a letter for publication by emailing it to [email protected].