SMALL BUSINESS DEEPLY DISAPPOINTED IN LAWSUIT REFORM BILL
MINNEAPOLIS (May 19, 2016): The National Federation of Independent Business (NFIB), Minnesota’s largest small business group, is deeply disappointed with a bill the Senate passed Wednesday. Small businesses, who have been disproportionately affected by a recent rash of over 170 lawsuits filed against them, were optimistic that ADA reform would pass this session with support from both parties.
“It’s incredibly disappointing that the Senate could not drum up bipartisan support for this issue, especially after the House was able to figure out how to work together, across party lines, to help the small business community,” said State Director, Mike Hickey.
California recently addressed the issue of excessive ADA lawsuits with legislation that allows a small business owner the opportunity to correct accessibility concerns prior to a lawsuit being filed. Unfortunately, after yesterday’s vote, the final bill here in Minnesota will still allow for excessively litigious attacks on small businesses.
“The fact that the Senate bill makes a demand letter optional really disarms the bill and fails to protect small businesses,” said Hickey. “Exercising this option will simply delay an attorney’s ability to file a lawsuit or to leverage the largest financial settlement possible.”
Hickey noted the while the Senate bill does provide small businesses a few further levels of defense, they are exceedingly costly to utilize. “It really puts small businesses in between a rock and a hard place when whether you’re settling a lawsuit or defending yourself against a frivolous action, the cost will ultimately be similar. The Senate missed a tremendous opportunity to prove they are capable of acting in a bipartisan manner yesterday and as usual, the small business community will bear the brunt of their inaction,” concluded Hickey.
