It’s a cautionary tale that many small business owners know far too well. Lawsuits that show up demanding payment over alleged violations of the Americans with Disabilities Act (ADA). Sperling Law helps its clients with these nuisance suits on a regular basis.
Well, now the tables have turned, and the law firm behind many of these suits is facing its own day in court. A recent lawsuit is accusing the Mission Law Firm of San Jose of essentially being a criminal enterprise under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Last week, a federal judge declined to dismiss the RICO charges, allowing the case to move forward for a full trial. The Mission Law Firm’s attorneys, Tanya Moore and her ex-husband Randy Moore, have based their practice on filing an estimated 1,400 similar ADA suits against small businesses across the state.
As the litigation proceeds, federal lawmakers are also considering addressing the overuse of ADA suits. A new House bill introduced this year by Rep. Ted Poe (R-Texas) would require disabled plaintiffs to first inform property owners of any barriers obstructing their mobility. Property owners would have at least 120 days to correct the issue before plaintiffs could take legal action, and they would be encouraged to seek mediation before filing a lawsuit.
Rep Jackie Speier (D-Hillsborough) was among a handful of Democrats to come out in support of the bill. Along with voting for it, Speier also signed on as one of the bill’s co-sponsors, citing abuse of the current system by some law firms. “A few bad actor law firms have made it a cottage industry to file lawsuits as shakedowns with no commitment to get the public accommodation accessible. That makes no sense,” Speier wrote to the Voice. “Giving businesses 120 days to remedy an access issue gets the barrier fixed. Lawsuits can still be filed.” The bill was approved by the House in a 225-192 vote. It now goes to the U.S. Senate for consideration.
Hey, disputes can be a way for some lawyers to turn a nice little profit. And when things like ADA suits, other landlord/tenant matters, contract disputes or even collections disrupt YOUR business, call on the good guy litigator Dean Sperling who will be there to resolve YOUR matter with YOUR best interests in mind!
More on the Case:
Firm behind local ADA lawsuits is being sued