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Home My WebLink About8.3 ADA LegislativeChanges CITY CLERK File # D(;;1~[Q]-[5]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 18, 2005 SUBJECT: Considcration of Support for Legislative Changes that would Amend the Americans with Disabilities Act to Require Notice Prior to Filing a Lawsuit Report Prepared by Joni Pattillo, Assistant City ATTACHMENT: 1) Letter from City of Morro Bay rJ./ 2) Proposed Resolution 'i; Council to consider the adoption of the attached resolution or supply Staffwith additional direction on this matter. RECOMMENDATION: FINANCIAL STATEMENT: None DESCRIPTION: The federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination to individuals with disabilities_ ADA guarantecs cqual opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The City of Dublin subsequent to the enactment of ADA also adopted the ADA Transition Plan in 1993; the plan articulated various strategies in ordcr to provide equal access to thc disabled when providing municipal services. The City of Morro Bay based on the direction of the City Council for the City or Morro Bay is requesting the City of Dublin's support for legislation that would amend ADA and California State Access laws to require notice prior to filing a lawsuit. The City of Morro Bay is locatcd on the Pacific Coast of California about half way between San Francisco and Los Angeles ncar Hearst Castle and the Big Sur Coast. The City is a pleasant tourist destination with shops, restaurants and hotels along thc coastline and within several blocks of thc primary streets. The City of Morro Bay has grown very little in the past 20 years, and as of 2000, there are 10,350 people residing in the City. All the shops and rcstaurants are 10cal1y owned and operated and arc considered "Mom & Pop" shops. In 2002, litigation was Illed against thc City of Morro Bay for aJ1eged violations of the ADA and Statc Access laws. The City of Morro Bay settled a portion of the lawsuit by agreeing to spend $75,000 on ADA improvements ovcr the next five years. The City of Morro Bay has been unable to settlc the portion of the lawsuit dealing with attorneys' fèes as plaintiffs attorneys demanded approximately $200,000. The Court recently reduced the amount of the attorneys' fees to $54,000; however, plaintifl"s attorncy is appcaling thc dccision. _________________M~~__________________________________-___________.__.~_______________________~_.____________ COPIES TO: H/c<-forlll'/agdastmt.doc 1002- ITEM NO. _8.3 In 2004, litigation was filed against 16 loeally owned and operated restaurants in Morro Bay for alleged violations of ADA. All the lawsuits are identical and have bccn filcd by the same plaintiff and attorney. These lawsuits have had a tremendous impact on the Community. Two of the restaurants have had to closc thcir doors, as they did not have the financial ability to fight the allegations. It appears tl1at the spirit of ADA is being abuscd by a growing number of attorneys. Without giving small business owners an opportunity to remedy the alleged violations, thcse attorneys are filing lawsuits for minor technical access violations. Fearing the timc, hassle and expense of lawsuits, small businesscs arc being forced into cash scttlements- most of which goes to the attorneys. In order to help rectify this problem, legislation has been introduced by California State Assemblyman Tim Lcslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend ADA to require, as a precondition to commencing a civil action with respect to a place of puhlic accommodation or commercial facility, tbat an opportunitybc provided to correct alleged violations. Recommendation Council to considcr the adoption of the attached resolution or supply Staff with additional direction on this matter. 2l1b1.- \ObG City of Morro Bay Morro Bay, CA 93442 . 805-772-6200 VET RECEI .. 1.1' " 01';:'. C\TY Of UU\::'IìJI' December 21, 2004 Richard C. Ambrose Dublin City Manager 100 Civic Plaza Dublin, CA 94568-2658 £Þ cK,Lté) e- ~--,~ . Re: Requestfor support/or legislation that would amend the Americans with lJisabWties Act to require notice prior to filing a lawsuit. Dear City Manager: This correspondence is being sent to you at the direction of the City Council for the City of Morro Bay to solicit your support for legislation that would amend the Americans with Disabilities Act and California Statc Access laws to rcquire notice prior to filing a lawsuit. As you may know, the City of Morro Bay is located on the Pacific Coast of California about half way between San Francisco and Los Angeles near Hearst Castle and the Big Sur Coast. The City of Morro Bay is a working fishing village and the local fishing industry is one of the most important along the California Coast. The City is a pleasant tourist destination with shops, restaurants and hotels along the coastline and within several blocks of the primary streets. The Embarcadero, which runs along the waterfront, includes art galleries, tourist gift shops, surf and sport shops and dozcns of rcstaurants. Thc City of Morro Bay has grown very little in the past 20 years, and as of 2000, there are 10,350 people residing in the City. There are absolutely no national chains in the City of Morro Bay except grocery stores and fast food chains. All of the shops and restaurants are 10cally owned and operated and are considered "Mom & Pop" shops. In 2002, litigation was filed against the City for alleged violations of the Americans with Disabilities Act (ADA) and State Access laws. The City quickly settled a portion of the lawsuit by agreeing to spend $75,000 on ADA improvements over the next five years. The City was unahle to settle the portion of the lawsuit dealing with attorneys' fees as plaintiff s attorneys demanded approximatcly $200,000. The Court rccently reduccd the amount of the attorneys' fccs to $54,000; however, plaintiffs attorney is appealing the decision. In 2004, litigation was filed against 16 locally owned and operated restaurants in Morro Bay for alleged violations of ADA. All of the lawsuits are identical and have been filed by the same plaintiff and attorney. These lawsuits have had a trCll1cndous impact on the Community. Two of AOMINISTRATION 595 Harbor Srrect CITY ATIORNEY 955 Shasta Avenue FINANCE DEPARTMr...."T"T'" ..TnT; nr.nARTf\rfr.NT 595 Harbor Street 1"1 ß ~DG 'a~ A TT ACHMENT 1 PUBLIC SERVICE 955 Sha~ta AvcßUI HARBOR DEPARTMENT 1275 En'lharc:a.dt:ro Road POLICE DEPARTMENT 870 Mono Bay Boulevard Request for Support - ADA December 21, 2004 7..lfb -5 the rcstaurants have had to close their doors as they did not have the financial ability to fight the allegations. The 14-ycar-old Americans with Disabilities Act is a good law. Unfortunately, the intent and spirit of the Americans with Disabilities Act of 1990 is being abused by a growing number of attorneys. Without giving small business owners an opportunity to remedy the alleged violations, these attorneys are filing lawsuits for minor technical access violations. Fearing the time, hassle and expense of lawsuits, small businesses are being forced into cash settlements - most of which goes to the attorneys. By creating a multitude of cases, these attorneys are generating substantial amounts of income for themsclves at the expcnsc of small businesses. To help rectify this problem, Congressman Mark Foley (R-FL) introduced the ADA Notification Act (H. R. 728), which amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies unless the complainant has implemented specified notification procedures that include opportunity for correction of the alleged violation. At the State level, Assemblyman Tim Lcslic (Tahoc City) has introduced similar legislation. AB 2594 Public accommodations: persons with disabilities would allow a person who hires an ADA specialist to review the design and construction of the person's premises to havc a Certificate of ADA Compliance. Holders of such a certificate would be entitled to notice and the opportunity to correct future ADA violations before a civil lawsuit could be filed. Congressman Foley's and Assemblyman Leslie's legislation would curtail the abusive practice of certain attorneys filing lawsuits for easily correctable ADA infractions and would enable small businesses to work with the disabled community to correct minor violations and improve accessibility for the disabled. In effect, passagc of this Icgislation would tip the balance back to accessibility and back to the disabled and away from the lawyers. Recently our City Council passed the enclosed resolution and directed Staff to notify other jurisdictions and solicit support in our endeavor to seek an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit. Thank you for your assistance. Sincerely, 7?00J.~ Rohert Schult;< City Attorney · . " ' ~$ RESOLUTION NO. 68-e4 RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING LEGISLATION AMENDING THE AMERICANS Wlm DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACIlON THE CITY COUNCIL City of Morre Bay, California WHEREAS, the Americans with Disabilities Act gives civil rights protection to individuals with disabilitie¡¡ similar to those provided to individuals on the bllllis of mee, color, sex, national origin, age, and religion; and WHEREAS, the Americans with Disabilities Act guarantees tJqual opportwúty for individuals with disabilities in public acqómmodations, employment, transportation, state and local government services, and telecommunications; and WHEREAS, the City of Morro Bay supporbJ the goals of this- bmrltnArk civll rights läw and the original intent of the Americans with Disabilities Act because it provides equal access opportwúties for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, many abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic retribution upon property owners using the guise of a well-intentioned civil rights law, Unfortunately, it is not the goal of these few attorneys to intprove accessibility for the disabled, but to exact financial punishment through lawSuits; and WHEREAS, legislation has been introduced by California State Assemblyman Tint Leslie <AB 2594) and by U.S, Congressman Mark Foley (H.R 728) that would amend the Americans with Disabilities Act to reqnire, as a precondition to conunencing a civil action with respect to a place of public accommodation or commercial facility, that an opportwúty be provided to correct alleged violations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MORRO BAY that this Council. supports the adoption of legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act since it would curtail the abusive practice of certain attorneys by providing a due process provision for property owners so that they may be in.full compliance with the Act. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to the League of California Cities, Central Coast Cities, the Governor's office, and to the California and Federal Legislative Delegation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 21" day of September, 2004 on the following vote: . AYES: NOES: ABSENT: Elliott, Peirce. Peters, Winholtz, Yates None None ATTEST: ~ç RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION WHEREAS, the Amcricans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis ofrace, color, sex, national origin, agc, and religion; and WHEREAS, the Americans with Disabilitics Act guarantees equal opportunity for individuals with disahilities in public accommodations, employment, transportation, state and local government services, and telecommunications; and WHEREAS, the City of Dublin supports the goals of this landmark civil rights law and the original intent of thc Amcricans with Disabilities Act because it provides equal access opportunities for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, many abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic rctribution upon property owners using the guise of a well-intentioned civil rights law. Unfortunately, it is not the goal ofthcsc few attorneys to improve accessibility for the disabled, but to exact financial punishment through lawsuits; and WHEREAS, legislation has been introduced by Calirornia State Assemblyman Tim Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as a precondition to commencing a civil action with respect to a place of public accommodation or commercial facility, that an opportunity be provided to corrcct alleged violations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin that this Council supports the adoption of legislation that would require notice prior to filing legal action for violations of thc Americans with Disabilities Act sincc it would curtail the abusivc practice of certain attorneys by providing a duc process provision for property owners so that they may bc in full compliance with the Act. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to the League of California Cities, the Governor's office, and to thc California and Fedcral Legislative De1egation. PASSED, APPROVED AND ADOPTED this 18th day ofJanuary, 2005. AYES: ATTACHMENT 2 NOES: ABSENT: ABSTAIN: ATTEST: r;i~6 City Clerk Mayor