“When lawsuits targeting businesses not in compliance with the Americans with Disabilities Act first swept through Davis, Suresh Kumar saw the signs on Olive Drive.

Like dominoes, Redrum Burger, Shell and — eventually — Kumar’s Olive Drive Market joined the slate of businesses sued for ADA non-compliance. Kumar paid $6,000 to settle his lawsuit.

“The reason people settle is that if you’re actually going through the legal process, it’s probably 10 times more expensive,” he said. “People who are involved in the lawsuits are attorneys, and they know this.”

“I’m in no way against any of the regulations,” he said. “But I’m just asking to be tactical, and have some time to fix it. There’s a slogan, ‘Small business is the backbone of America,’ and we have to strengthen it, not weaken it.”

Because of their work, political action ensued, and the lawsuit turned into more.

“The group found success when a Senate bill it supported, SB 1186, was signed into law by Gov. Jerry Brown. It went into effect Jan. 1.

Authored by Senate President Pro Tem Darrell Steinberg, D-Sacramento, the bill takes aim at predatory lawsuits by barring lawyers from issuing threatening letters before litigation. It also reduces the minimum fine for violations from $4,000 to $1,000.

Maryann Marino, representative of the Californians Against Lawsuit Abuse, said the hope is that the financial incentive for filing “frivolous lawsuits” has been reduced or removed entirely.

The remaining objective is extending the length of time business owners with ADA compliance infractions have to take corrective action, she added.

“The problem with these lawsuits is that no one seems to care whether the problem is fixed or not,” Marino explained. “They just want to get the amount of money it takes for the accused party to settle.”

The Impact of ADA Non Compliance Complaints

“How the new bill will affect ADA “enforcers” like Sacramento attorney Scott Johnson, who has filed more than 2,200 ADA complaints, remains to be seen. Johnson was responsible for nearly all of the Davis lawsuits.

Johnson declined comment. The disabled rights crusader has recently become involved in a lawsuit himself, filed by four of his former legal assistants who accuse him of sexual harassment.

It’s not always the cost of settling lawsuits that puts a business under; sometimes it’s the changes that are necessary to comply with the ADA.

Don Shor of Redwood Barn Nursery, named in one of Johnson’s lawsuits, can attest to the expenses associated with meeting standards. Shor said he had to redo parking layout and signage, along with the entrance to his nursery on East Fifth Street.

“I’m actually happy to comply, and pleased with the results, but not happy about the way it came about,” he said. “We were lucky. Some businesses simply won’t be able to fully comply at a reasonable cost.”

“As a person with a disability myself, I obviously think it’s important that things be made accessible,” she said. “I’m able to get out and around and do everything, and I appreciate communities who welcome me in that way.”