The Problem is Drive-By & Google Lawsuits, Not The ADA

There is a cancer growing within the disability movement and that is why the U.S. House Representatives passed H.R. 620 and want to tear apart the ADA. The cancer are a few lawyers and PWDs that sue under ADA to fill their own pockets. This is a stain on any progress that has been made in our fight for equality.  These people are cowards and  know their law suits are petty, or they would confront the business owner to help solve the problem.

Their have been many times where I have been at hotel and critiqued what they called an accessible bathroom. I often, jokingly so the ADA has a magic word and it is "reasonable" accommodations.  I remember, one time Wife and I used a public restroom and the door of the stall opened inward that really made it in-accessible since the door could not close with  my wheelchair in the stall.  We did get manger and pointed out this situation.  To me, that would not be worth my time suing over and even if I did, I doubt if it would get the end result that we were in search of.  For me, my resolution is to take my business else where and I have done this many times.

If the House of Reps used Drive-By and Google Lawsuits as the reason to gut the ADA the were just looking for an excuse to undo it's laws, rather then fix the problems to protect both sides. The ADA is on autopsy table, cuts to Medicaid and President Trump's new budget cuts funding for community based program for the disabled.  The slippery slope in getting steeper and steeper.

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A Closer Look at Drive-By & Google Lawsuits
Educating able-bodied people about the law and their potential violations of the law should not be the responsibility of the person with the disability. From a business’s perspective, drive-by lawsuits are seen as unfair because businesses claim that people with disabilities are not discussing violations with managers and personnel inside their establishments. But by definition drive-by lawsuits handle ADA violations outside of places of business, like in parking lots where lack of accessibility could make entering an establishment and discussing a violation unfeasible to begin with. For Google lawsuits, the 60 Minutes segment highlighted a hotel owner who was sued for not having an accessible pool. He stated the injustice of his situation by saying that: “At no point in time we ever had a customer on the property that requested it or that was even in a room that requested it.”[2] But that sentiment is part of the problem. In the age of Google, can this business owner really be surprised that no one with a disability would choose to stay in an inaccessible hotel? That does not mean that there was not a burden placed on people with disabilities who had to search extensively for an accessible place to stay. Nor should it be their burden to request that a business comply with a 27-year-old law.
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Will senators make amends and protect the ADA?

The ADA does not only apply to those that have been disabled from birth. It also applies if you, or a love one become dependent on a wheelchair, or just a leg scooter. The path has been paved for you because of the ADA and advocates as myself.

When our men and women come home hurt from serving our country: the ADA not only gives them the right to move freely around their community, but the right to vocational rehabilitation. It also gives them the right to go back to college, so they can still be contributing members of society.

As we live longer lives the ADA help set the blue print for Universal Design, so the elderly can still get around their communities and stay in their home for as long as they can.

I would hope everyone would consider all of the benefits the ADA has brought to our society. If the powers to be, continue this autopsy they are putting the dollar before people.

 

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What Does The U.S. House of Representative Define As "Drive-by Law suits"?

So what is the reality of suing for monetary gain under the ADA, to reminder this is the House of Representative passed H.R. 620. When the House member talk about "Drive-by Law Suit are they talking about work place discrimination, or the lack of accessible at a business? Either way it is not a drive-by process, they are the law make so they should know how long it takes to get something done. For the record it took me less than ten minutes to find the information below and do not have a staff, or interns.

From the sources that I found, One can hire a private attorney at your own expense and you both have to file the law suit with the DOJ. The whole purpose of filing a discrimination suit is to find a resolution to the problem. When filing this type of law suit, you cannot be awarded money for any damages.

If one is not satisfied with the law suit filed with DOJ, you have the right to file a private law suit for monetary gain. However if you proved you have experienced discrimination in the work place. You are entitled to back pay and attorney expenses.

I think this is very open to interpretation and the people that are using the ADA laws for their personal Piggy Bank, they do not understand the disability movement. We are trying to be part of society for the better of everyone, not create resentment.

Q. Can I file a private lawsuit regarding a violation of the ADA?
A. Yes. You have the right to file a private lawsuit in federal court if you have been discriminated against. If you have an employment complaint, and are employed by a private organization, however, you are required to file a complaint with the Equal Employment Opportunity Commission and receive a "right to sue" letter from them before you can pursue a private complaint. If you are successful in court, you will be entitled to injunctive relief and to recover attorneys' fees. Injunctive relief means "fixing the problem": such as reinstating you in your position with back pay, providing a reasonable accommodation, modifying a discriminatory policy, or removing an architectural barrier. When individuals file private actions, ADA does not provide compensatory and punitive damages. However, your attorney can advise you whether compensatory or punitive damage awards may be possible under other civil rights legislation.

Q. How do I file a Title I employment complaint?
A. Within 180 days of the discrimination incident, file a complaint detailing the discrimination with the Equal Employment Opportunity Commission. The EEOC will investigate the charge. If it finds reason to believe that discrimination has occurred, the EEOC will attempt to have the employer voluntarily provide you with full relief. Or, once 180 days have passed since filing a charge, you may request a "right to sue" letter. Once you receive this, you may file a private lawsuit. You can file a complaint through the Minnesota Department of Human Rights or directly with an EEOC office.

Q. How do I file a Title II complaint against a state or local government agency?
A. You may file a private action in court or file a complaint with the Department of Justice. You can also file complaints with other federal agencies designated by the DOJ (for example, the Department of Transportation will investigate transportation-related complaints), or any federal agency that provides funding to the public entity responsible for discrimination. But it may be easiest to know that the DOJ will accept any Title II complaints and see they are directed to the appropriate agency.

Q. How do I file a Title III complaint against a private company or organization?
A. Individuals may bring private lawsuits to obtain court orders to stop discrimination, but money damages cannot be awarded. Individuals can also file complaints with the Department of Justice which may file lawsuits to stop discrimination and obtain money damages and penalties.
Be aware that the DOJ will only bring suit where there is a pattern or practice of discrimination, or a violation that raises an issue of general public importance. You may get quicker action by filing a private lawsuit, filing a complaint under the Minnesota Human Rights Act instead of the ADA (which has similar provisions), or by using an alternative dispute resolution process.
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