ADA Lawsuit Bill

The House and Senate bills (HF1542, SF1407) to require notice and an opportunity to cure an ADA violation before a suit is brought have passed both the House and Senate. The House passed the bill with a substantial majority, the Senate also passed it with a number of Democrats voting for the bill. The bill will go to a conference committee, and hopefully it will be worked out in a way that the Governor can sign.

The Council for Disability has sent a letter indicating that they support the direction of the bills. The Minnesota Trial Attorneys remain concerned over a number of issues.

This bill is designed to prevent “drive by” lawsuits that are brought by plaintiffs who come to your place of business and observe that your parking lot stripes are too close together, you don’t have enough handicap parking spots or your entry is too narrow or steep, etc. Then a lawsuit is brought and you have no chance to correct the problem before you  have to pay damages, sometimes in the thousands of dollars!

To learn more about this issue, there is a good article on the Building Owners and Managers of Greater Minneapolis website, click here.