HUNTINGTON BEACH, Calif. – A wave of lawsuits alleging violation of the Americans with Disabilities Act (ADA) is sweeping across Southern California, targeting businesses for their websites. West of Camden, a restaurant in Huntington Beach, is the latest subject to face legal action, joining the ranks of establishments grappling with similar complaints.
Lindsey Lamoureux, the owner of West of Camden, expressed her frustration with the situation. The restaurant has faced two separate lawsuits claiming ADA violations related to its website. Lamoureux insists that they had taken appropriate measures to ensure compliance, yet they still find themselves entangled in costly legal battles.
The lawsuits bear an uncanny resemblance to a series of ADA-related complaints reported by Eyewitness News. Notably, many of these cases have been filed by the same individual, Rebecca Castillo, and have been handled by Manning Law APC.
Joe Manning, the attorney representing Castillo, defended their firm’s actions by highlighting their commitment to digital accessibility for the blind and visually impaired. While some argue against the use of private lawsuits to enforce ADA compliance, Manning emphasizes that these legal actions are the only mechanism established by Congress and the legislature for enforcing the ADA and related laws.
The potential financial ramifications are substantial for businesses like West of Camden, as California law allows fines of $4,000 per violation. These lawsuits can quickly accumulate, placing an enormous burden on small businesses.
In response to the escalating situation, State Senator Roger Niello is sponsoring a bill that seeks to reform the law. The bill aims to address the issue of “Private Right of Action,” which allows private citizens to file lawsuits without proving personal harm. Senator Niello believes this provision has been abused by attorneys, contributing to the surge of lawsuits.
As for West of Camden and numerous businesses facing similar legal challenges, the future remains uncertain. Lamoureux declined to provide additional details about her current lawsuit but affirmed her determination to fight against it.
The prevalence of ADA-related lawsuits targeting business websites in Southern California underscores the complexities faced by business owners and the limitations of the current legal landscape. Businesses continue to grapple with the necessity of digital accessibility while also contending with the financial strain and uncertainty brought about by these legal actions.
Ultimately, the case of West of Camden serves as another example of the ongoing battle between ADA compliance and the legal landscape surrounding it. Businesses find themselves caught between the need to accommodate individuals with disabilities and the burden of costly lawsuits, highlighting the urgent need for a balanced solution.