Subcommittee on the Constitution

Committee on the Judiciary

Hearing on the ADA Notification Act

May 18, 2000

Statement of Tammy K. Fields

Assistant County Attorney for

Palm Beach County, FloridaOn May 16, 2000, the Palm Beach County Board of County Commissioners adopted a resolution urging the passage of the H.R. 3590, the ADA Notification Act. This resolution has been sent under separate cover.

I am addressing this committee on behalf of the Board of County Commissioners of Palm Beach County. I have been an Assistant County Attorney for the past 11 years. My role with the County has been to advise the County departments who provide social services and the departments who enforce civil rights ordinances. I authored the civil rights ordinances for employment, housing, minority and women businesses and handicapped parking.

The Palm Beach County Board of County Commissioners support arose after the filing of 38 lawsuits by one law firm in a two week period against small businesses located on Lake Worth Road within Palm Beach County. The lawsuits targeted long-time established mom and pop businesses, who unfortunately were not aware of the need to make certain modifications to their premises in order to comply with the ADA. These businesses are located in a depressed area and are desperate for revitalization. The lawsuits were filed on behalf of a Broward County mother and her disabled minor daughter. They alleged a denial of access to businesses that the parties never attempted to access and likely would never access. Once the businesses were advised of their ADA deficiencies, most undertook immediate remedial actions even though they had limited resources. They then received demand letters from the plaintiffs' attorney for $5,000 in fees.

The intent of the ADA was to provide access for disabled persons, and Palm Beach County applauds this intent. It should not, however, be used to enrich attorneys who file cookie cutter lawsuits and seek large attorney fee awards. If the businesses on Lake Worth Road had been given a 90-day opportunity to cure before the filing of the lawsuit, most would have done so and avoided the expense of hiring an attorney only to fight the demand for excessive attorney's fees. The cost of this type of litigation hinders the efforts of these small businesses who are struggling to revitalize the area.

It should be noted that Palm Beach County as a governmental agency has been very committed to the implementation of the ADA. Unlike many governmental entities, Palm Beach County complied with all timeframes in adopting a transitional plan and an implementation plan pursuant to the provisions of Title II of the ADA. Palm Beach County has also had a long-standing handicapped parking ordinance which directs fees collected for handicapped parking violations to local non-profit organizations who provide services to the disabled.

On behalf of the Board of County Commissioners of Palm Beach County, Florida, I urge your support of the ADA Notification Act. The passage of this bill will provide protection to small businesses while still ensuring that access to persons with disabilities is provided.