Times Union: Office Of The Chief Disability Officer Must Look At ADA Lawsuits

As someone who grew up with a sibling living with a disability, I am happy to see that the disabled community has a strong advocate in Gov. Kathy Hochul and that she has established a new agency focused on disability rights. I also take offense personally that lawyers have transformed the Americans With Disabilities Act, a landmark civil rights law, into a get-rich-quick scheme.

This is why, as the Office of the Chief Disability Officer begins to establish its agenda, I urge Kimberly Hill, who was recently appointed to the position, and her staff to examine and investigate the torrent of lawsuits filed under the ADA in New York courts. A small number of law firms file thousands of lawsuits each year alleging physical access barriers and noncompliant websites without ever contacting businesses to notify them of potential issues.

As experts, including judges overseeing these lawsuits, have noted, this litigation appears to be an abuse of the statute and driven by lawyers looking to extract lucrative settlements, not ensure access for all. As the COVID-19 pandemic has been devastating to small businesses, it is crucial that government work with them to make their properties more accessible and not allow them to be sued out of existence by avaricious attorneys.

Curbing this litigation will re-establish the ADA as a critical law for individuals living with disabilities and not a pot of gold for the trial bar.

Tom Stebbins