[Colorado-Talk] Frivolous ADA lawsuits

[Dan Burke]

Greetings -
 "I wish Scott LaBarre was with us to answer this."


This is one of those moments that I think, "I wish Scott LaBarre was here
to answer this one."

That is because Scott, as an attorney and active in the American Bar
Association, was pretty well-infomred about these thingswhen, a few years
back, there was a legislative effort to gut the ADA.

Yes, these kind of suits have haplpened. They have also occurred with
respect to physical access in the past. Are they widespread? It doesn't
seem so. In fact, I recall Scott saying that these kinds of suits were
limited to a very small number of attorneys and that the bar association
had and will sanction those lawyers.

Now, of course this answer relies on my less-than-faulty memory and I'm not
versed in what is happening in 2024. However, if businesses find themselves
being sued in these frivolous suits, I would recommend they contact the
Colorado Bar Association or the American Bar Association.

HTH

Dan


On Wed, Nov 6, 2024 at 12:41 PM JP via Colorado-Talk <
colorado-talk at nfbnet.org> wrote:

> We're a small family owned business who would be forced to close or
> business.  Please let me know what you find out.
>
> Thank you for your efforts!
>
> JP
> jptrevino at gmail.com
>
> www.rjddiamonds.com
> www.RJDspiritrings.com
>
>
> On Wed, Nov 6, 2024 at 11:57 AM Paul Martz via Colorado-Talk <
> colorado-talk at nfbnet.org> wrote:
>
>> Hi all.
>>
>> I have a friend in I.T. who helps businesses with website ADA compliance.
>> He recently made me aware of the following issue.
>>
>> A law firm might threaten a business with an ADA suit, then offer to
>> settle for an amount somewhat less than what it would cost the business to
>> either defend the suit or address the ADA compliance issues. After the
>> business agrees to settle, the bulk of the money goes to the law firm. The
>> actual defendant is a straw man plaintiff who is either fictional or being
>> payed a small token amount to have his name on the lawsuit. The end result
>> is that the law firm collects a fat settlement, the business gets screwed,
>> and those of us with disabilities are still left with inaccessible websites.
>>
>> I’ve been unable to find any articles to confirm this is actually
>> happening. Does anyone know if this is real? If so, is NFB or any other
>> organization taking any steps to address the issue? I’m aware NFB is
>> working towards website compliance in general. I’m looking for information
>> and action regarding the specific type of abuse described here.
>>
>> Pointers towards any relevant information would be appreciated. Thanks.
>> Paul Martz
>> PaulMartz.com <https://paulmartz.com>
>>
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-- 
Dan Burke

National Federation of the Blind of Colorado Legislative Co-chair

"Blindness is not what holds you back.  You can live the life you want!"

My Cell:  406.546.8546
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