KABC – TV reports they have found a man who doesn’t have to work because he makes his living filing lawsuits against small business owners who are not in complete compliance with the Americans with Disabilities Act (ADA). The story says he’s notorious in the LA Court system because he’s filed at least 70 such lawsuits since 2006 --- at a minimum of $4,000 in damages per incident. His shakedown lawsuits are harming more than just the business community; his unwarranted lawsuits are undermining the credibility of the legitimate disabled community.

In 70 cases looked at by Eyewitness News, the plaintiff had his court fees waived in all but two. KABC-TV said lied he about how many lawsuits he’s filed in a year by checking a box indicating he has not filed more than 12 other claims with the past 12 months. By lying, he gets a break on court fees, which are then paid for using taxpayer dollars.

California is one of three states in the nation along with Hawaii and Florida that makes it very lucrative for people to file unwarranted lawsuits based on technical ADA violations. The store owner is rarely given the opportunity to first fix the problem. There are simply too many state and federal regulations for businesses to know exactly what they are to do to be in compliance. So instead, they are sued.

For years, Citizens Against Lawsuit Abuse has advocated to give small business owners 30, 60 or 90 days to fix the problem. In 2008, Governor Arnold Schwarzenegger signed bipartisian legislation into law that is intended to advance the goal of ADA law, which is to give people with disabilities complete access to public places, without burdening businesses with unnecessary litigation that does not increase disability access. SB 1608 created the California Commission on Disability Access to accomplish the goals laid out in the bill .

Why is the abuse of ADA still happening? SB 1608 had noble goals indeed, but until the Commission is properly funded no real progress can be made and professional plaintiffs will continue making their living filing abusive lawsuits under ADA.