Wheelchair Chasers.....

[MindMover]

Disabilities Act Used by Lawyers in Flood of Suits

A small cadre of lawyers, some from out of state, are using New York City’s age and architectural quirkiness as the foundation for a flood of lawsuits citing violations of the Americans With Disabilities Act.
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The lawyers are generally not acting on existing complaints from people with disabilities. Instead, they identify local businesses, like bagel shops and delis, that are not in compliance with the law, and then aggressively recruit plaintiffs from advocacy groups for people with disabilities.

The plaintiffs typically collect $500 for each suit, and each plaintiff can be used several times over. The lawyers, meanwhile, make several thousands of dollars, because the civil rights law entitles them to legal fees from the noncompliant businesses.

The practice has set off a debate about whether the lawsuits are a laudable effort, because they force businesses to make physical improvements to comply with the disabilities act, or simply a form of ambulance-chasing, with no one actually having been injured.

http://www.nytimes.com/2012/04/17/nyregion/lawyers-find-obstacles-to-the-disabled-then-find-plaintiffs.html?

[Riftaxe]

1. A Federal Barratry law

would be a good idea, although it might hit the lawyers who advertise on TV a little hard.

[ProgressiveProfessor]

2. It is far from limited to NYC

There was one lawyer in Honolulu who had a single "victim". IIRC he eventually went down in flames. Seen the same thing in CA.

That said, when my late wife spent some time in a wheel chair towards the end, I had my eyes opened as to how many practical barriers there were remaining in public spaces.

Is there a reasonable middle ground out there somewhere?

[Honeycombe8]

3. I notice that, too, though I'm not in a wheelchair. The legal thing is sleazy, but then ....

the businesses are supposed to have access for disabled people. It's expensive to retrofit bldgs for that, so I understand why some small businesses can't do that, or don't want to. Still....it's the law, and the right thing to do.

[treestar]

6. That is the point of the lawsuit existing, true

Demonizing lawyers often is a good way to deflect from the real complaint here - oh, the business had to comply with the law! How terrible!

[CreekDog]

4. I post a lot of kudos to Canada and European systems for how they treat their people

that said, while the US falls down on many factors, i think it's among the most accessible in this respect --and this law, in part, one one reason why.

[treestar]

5. Lincoln had some words about lawyers who do things like that

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.
--July 1, 1850 [?] Notes for a Law Lecture

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket?
--July 1, 1850 [?] Notes for a Law Lecture

[loyalsister]

7. That is the only way these laws are enforced

The ADA does not provide specs and requirements. It provides a basis for lawsuits. The Rs invited this by passing a bad law in 1990. The defendants should blame the business leaders who helped shape it into a more toothless business friendly law by requiring lawsuits for enforcement.

[thepurpleknuckle]

8. .

Ted Kennedy is rolling in is grave.