Sen. Jeff Flake of Arizona is sponsoring a piece of legislation to stop so-called “drive-by” lawsuits. These lawsuits are filed by lawyers abusing the Americans with Disabilities Act.
The ADA Education and Reform Act is intended to help people being used to extort cash settlements from small businesses for minor violations that could be easily fixed.
Flake said there still needs to be restrictions to avoid disenfranchisement of those with disabilities but also prevent unnecessary lawsuits for business owners.
“It’s essential that business owners continue to see it as a tool to ensure fairness for people with disabilities, and not as weapon to line the pockets of unscrupulous lawyers,” he said.
Flake said Arizona has seen a dramatic increase in these lawsuits in the last three years. In 2013, there were three ADA Title III lawsuits brought in Arizona. However, as of September of this year, Arizona has already seen 284.
The bill would afford small businesses 120 days to fix minor violations, such as an incorrectly placed sign, before a lawsuit can proceed.