Is California's Stop "ADA Abuse Suits" Law Constitutional?

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