Opinion: California lawmakers must protect small businesses from bogus ADA lawsuits

For several years I helped run a small watersports equipment rental, lesson and tour shop in San Diego. It has been a mostly positive experience, but the recent string of ADA lawsuit abuses plaguing our state has made it very difficult to operate. .

These lawsuits are often filed by unscrupulous attorneys looking to make a quick buck, exploiting loopholes in the Americans with Disabilities Act to force companies to pay outrageous settlements.

That is why I am urging lawmakers to pass reforms that protect small businesses like mine from these abusive lawsuits.

Many loopholes have become popular targets for people like me who want to make quick money from honest labor in small businesses. They file a complaint with the business owner, claiming that they have been denied access because of it, and demand thousands of dollars to fix the problem.

Often these complaints are quite insignificant. However, most companies choose to pay because of the burden and costs of litigation.

Another problem with these lawsuits is their disproportionate impact on small businesses. This is because the cost of compliance (installing a new door or building a new ramp) is often less than the cost of paying the crooks. For big companies with deep pockets, it may make economic sense to pay lawyers to fight these frivolous lawsuits. But in a small, family-run business like mine, even one false lawsuit can spell disaster.

So what do you need to do?

Lawmakers can do a few things to protect small businesses. Attorney fee caps for ADA compliance issues, like requiring plaintiffs to give written notice of accessibility issues before filing a lawsuit, reduce the incentives for fraud. This allows companies to fix the problem without incurring unreasonable legal costs.

We can discuss reform, but one thing we can’t do is that bogus ADA lawsuits are becoming more common and taking a toll on small businesses in California. I urge lawmakers to pass reforms that protect us from these abusive lawsuits and help level the playing field. This allows them to continue serving their communities without fear of being forced out of business by unscrupulous lawyers.

Ashleigh Conaway is Director of Operations for Aqua Adventures in San Diego.