Slide 1:
Welcome to the 2013 
Legal Issues Webinar Series
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Slide 2:
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Slide 3:
Listening to the Webinar, continued
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Slide 4:
Listening to the Webinar, continued
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Slide 5:  
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Slide 6:
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Slide 7:
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Slide 8:
Customize Your View continued
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Slide 9:
Technical Assistance
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Slide 10:
The anatomy & myth of the ADA drive-by lawsuit 
July 17, 2013

Slide 11:
Housekeeping Matters:
Protocol:
Really, none  … 
Ask questions at any time!
I’m serious!
Please ask questions.

Slide 12:
Webcast Goals:
Goal 1: Define “drive-by” ADA lawsuits. 

Goal 2: Explore how to enforce Title III rights through available remedies and avoid the label of "drive-by" lawsuits.

Goal 3: Explore defenses against this type of "drive-by" lawsuit.
But not necessarily in that order …

Slide 13:
Centering myself in the argument:
Photo of speaker, Aaron McCullough

Slide 14:
My problem with “drive-by” ADA lawsuits
Typically pro-plaintiff
I believe small businesses are the backbone of our economy
I think the label “drive-by” ADA lawsuit is a strategically weighted phrase / propaganda
Sometimes, these efforts look like “drive-by” lawsuits
Shady and shoddy legal advocacy chill needed litigation efforts
Most businesses are motivated by lawsuits more than threats of same

Slide 15:
What are “drive-by” ADA lawsuits?

Slide 16:
What are “drive-by” ADA lawsuits?
Are about money, not access and civil rights?
Extortion?
Increasingly common?
Are ruining the reputation of the ADA and disability rights advocates?
Frivolous?
Target small businesses & minority / foreign born business owners?
Plaintiffs are “tourists” with out-of-state lawyers?
Brought by “fake” disability rights groups & professional plaintiffs?

Slide 17:
My problem with the label “drive by” ADA lawsuit: 
Drive-by ADA lawsuit?
Pro-choice?
Terrorist?
Progressive?
Wino?
Effective legal advocacy?
Pro-abortion?
Freedom fighter?
Moonbat?
Freedom loving oenophile?

Slide 18:
What are “drive-by” ADA lawsuits?
Are about money, not access and civil rights? 

Slide 19:
What are “drive-by” ADA lawsuits?
Extortion?

Slide 20:
What are “drive-by” ADA lawsuits?
Increasingly Common?

Slide 21:
What are “drive-by” ADA lawsuits?
Are ruining the reputation of the ADA and disability rights advocates? 

Slide 22:
What are “drive-by” ADA lawsuits?
Frivolous?

Slide 23:
What are “drive-by” ADA lawsuits?
Target small businesses & minority/foreign born business owners? 

Slide 24:
ADA Grandfather Clause?
I want everyone out there, to repeat after me:
There ain’t no such thing as a grandfather clause under the ADA.

Slide 25:
What are “drive-by” ADA lawsuits?
Plaintiffs are “tourists” with out-of-state lawyers? 

Slide 26:
What are “drive-by” ADA lawsuits?
Brought by “fake” disability rights groups & professional plaintiffs?

Slide 27:
What are “drive-by” ADA lawsuits, REALLY?
Title III cases.
Do target small businesses.
Are slowly becoming more common across the country --- including outside of FL & CA.
Have damaged the ADA’s reputation.
Few cases are entirely frivolous.
Some cases have revealed at least negligent, cookie-cutter legal filings.
Some litigants & their attorneys appear little interested in improving access.

Slide 28:
What are “drive-by” ADA lawsuits, REALLY?
Many so-called ADA lawsuits are brought under state law, & in state courts.
Most commonly in California, Hawaii, & Florida.
Q: Why? 
A: State law, for the most part.

Slide 29:
Example: California
Unruh Civil Rights Act (Cal. Civ. Code § 51(f))
California Disabled Persons Act (Cal. Civ. Code §§ 52(a))
Graphic that states “Blame California”

Slide 30:
Example: Florida
Florida Civil Rights Act (ss. 760.07, 760-08, & 760.11(5))
Photo of sign that reads “Hikers and Bikers Move to the side of the road when a vehicle approaches” 

Slide 31:
What if it were not disability at issue?
Sign that reads “Men Only Swimming Cove
Sign that reads “We serve White’s only.  NO Spanish or Mexicans.

Slide 32: 
Persistent plaintiff Jarek Molski + attorney Tom Frankovich: Crusaders or Con men?
Photo of Jarek Molski and Photo of Attorney Tom Frankovich

Slide 33:
Aftermath of Molski + Frankovich and others?
Jarek Molski appears to have not filed any new lawsuits
Frankovich, despite disciplinary action from the bar, still practices ADA plaintiff’s law, profitably.
California, has continued to develop CASp program & passed SB 1608 & SB-1186
Thousands more California business owners are paying attention to accessibility

Slide 34:
Block v. Squeeze Inn
Photo of a cheeseburger and fries

Slide 35:
Block v. Squeeze Inn
Screen shot of an email exchange that states “I hope that someone kicks this piece of trash in the mouth. 

Slide 36:
Block v. Squeeze Inn
Additional comments made via internet exchange disparaging plaintiff

Slide 37:
Aftermath of Block v. Squeeze Inn
Block withdrew lawsuit
Block sold her home
Squeeze Inn owner did shutter original location, but reopened down the street.

Slide 38:
Defenses to “drive-by” ADA lawsuits?

Slide 39:
Defenses
LIarLiar

Slide 40:
Defenses: 
Small Businesses - The best Defense is a good Defense: 
Learn the ADA!
Establish ADA compliance of facility and practices of customer service
Survey site
Ensure communication is accessible and effective --- including website
Maintain accessible features of site
Rinse, repeat!

Slide 41:
Defenses: 
General Standing Requirements:
Plaintiff must suffer a personalized and concrete injury-in-fact of a legally cognizable interest (harm).
The injury must be traceable to the defendant’s conduct.
It must be likely, rather than speculative, that the injury is redressable through a favorable court decision.
Must show a likelihood of future harm

Slide 42:
Standing – Likelihood of Future Harm
Requires likely, rather than speculative plans to return. The Analysis involves four factors:
Proximity of the business to the plaintiff’s home, 
Plaintiff’s past patronage of the defendant’s business,
Definiteness of the plaintiff’s plans to return, and
Frequency of travel near the business.

Slide 43:
Defenses to label of “drive-by” ADA lawsuits?

Slide 44:
Advocates: The best Offense is a good Offense: 
Learn the ADA!
Be specific in your allegations, and accurate.
If ACCESS is the goal, try asking first, suing second.
Partner with the business community.
Be willing to settle, ready to win in court.

Slide 45:
Your thoughts?

Slide 46:
Photo Credits

Slide 47:
Thank you for Participating In Today’s Session
Please join us for the next session in this series: 
September 18, 2013
“The Litigation Landscape:  Five Years After the Passage of the ADA Amendments Act”
Barry Taylor and Rachel Weisburg, Equip for Equality

Slide 48:
Session Evaluation
Your feedback is important to us
You will receive an email following the session with a link to the on-line evaluation