ADA TESTERS – ABUSIVE ADA LAWSUITS
By Catherine M. Corfee, Esq. – ADA Defense Attorney
Have you been sued by Scott Johnson, Orlando Garcia, Brian Whitaker, Richard Sepulveda, James Rutherford, Brian Whitaker, Poupak Barekat, Theresa Brooke, Jose Casillas, Jessie James, Melanie Delapaz, Darren Gilbert, Chris Langer, Hoang Minh Le, Brenda Pickern, or Teresa Hicks? These are only a handful of routine disabled plaintiffs who sue California business to obtain money. They scout out businesses who do not comply with the ADA, and not necessarily desiring to use the goods and services.
Catherine Corfee has successfully challenged most of those ADA Plaintiffs, though many settle. Ms. Corfee opines that the ADA requires a disabled Plaintiff to intend to enjoy/use the goods and services of a public accommodation despite one Ninth Circuit case that allows for testers. There is one Ninth Circuit case which held that the ADA protects a disabled person’s right to test for ADA access and motivation is irrelevant. Ms. Corfee feels that this is an improper interpretation of the ADA. She studied the legislative history and purpose of the ADA and believes that “testing” was never meant to be protected by the ADA unless the person desires to enjoy the goods and services like the non-disabled patron, but were barred from accessing such. The ADA was enacted to provide the disabled who intend to enjoy the goods and/or services with accessibility as compared to what the non-disabled enjoy. The word “equal” means equal to the non-disabled and what they can access, not what they can test. The non-disabled cannot go into businesses, like a grocery store, and test the Health and Safety Standards, or compliance with employment law. The ADA protects those who suffer a real injury from desiring the goods and/services but being barred due to ADA violations.
If you desire someone passionate, aggressive, and experienced, contact Catherine Corfee at Corfee Stone Law Corp: 916-487-5441.
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Ms. Corfee been practicing law, including ADA access, Employment Law, and Fair Housing Discrimination law since 1991. Working for two Federal Magistrates Judges in the United States Federal Court of California, Eastern District gave her a bird’s eye view of the inner operations of federal judicial system.