On April 27, 2015, San Diego
Federal Judge Jeffery T. Miller will hear if California's Law to stop ADA
"Abusive" lawsuits violates the federal Constitution and federal
law. On September 19, 2012,
California passed a law called SB 1186, which was designed to reduce ADA
lawsuits. Attorney David C. Wakefield filed a federal lawsuit challenging the
law on January 20, 2015.
In court documents filed on
March 27, 2015, Attorney Wakefield states during 2011-2012 California Courts
had 1 million civil court filings, which included only 2078 ADA cases. In 2012,
supporters of SB 1186 stated tHat ADA lawsuits were unduly burdening the courts
and taxpayers. Supporters of SB 1186 state that there should be ways to
encourage businesses to comply with ADA without lawsuits. Wakefield states research
shows that voluntary ADA outreach efforts are not effective in achieving access
to businesses.
In 1990, the ADA (Americans
with Disabilities Act) was passed to ensure people with disabilities civil
rights. Also, the ADA was intended to increase employment and decrease welfare
programs. However, in 2015 California spends about $1 billion on welfare
programs but only $21 million on civil rights enforcement. Less than 21 of
California's 249,000 attorneys bring ADA enforcement lawsuits because the
government cannot afford to bring them. In fact, taxes will go up if the
government brings these lawsuits. The ADA allows lawyers to recover attorneys'
fees from the sued businesses to reduce tax dollars for government enforcement.
However, SB 1186 makes it
more difficulty to bring ADA lawsuits. The law does not provide sufficient tax
dollars for an ADA education and training program for businesses. Also, the law
does not provide any tax dollars for government enforcement.
Attorney Wakefield, with the
assistance of Attorney Scott Hubbard, is the only ADA lawyer willing to
challenge the law as a violation of the federal constitution and ADA for people
with disabilities.
Judge Miller was appointed to
be a judge by President Clinton in 1997. All parties have filed papers for the
judge to hear on April 27, 2015.
PLAINTIFFS' MEMANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO STRIKE, MOTION FOR SUMMARY JUDGEMENT OR ADJUDICATION AND REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF
