MELANIE DELAPAZ FILES ADA LAWSUITS

By Catherine M. Corfee, Esq. (ADA/Employment Attorney)
Corfee Stone Law Corp.

916-487-5441- [email protected]

In 2024, disabled Melanie Delapaz, a wheelchair user, has made her rounds to visit random businesses to file ADA lawsuits in federal court alleging violations of the Americans with Disabilities Act (“ADA”).  She has been in Playa Del Rey, Torrence, Lomita and Artesia. Melanie Delapaz targets moms and pops businesses who, most likely, cannot likely defend themselves in court regarding alleged ADA violations. Her lawsuits are filed by the same law firm, mostly in the Federal Central District Court of California. In a few of her ADA lawsuits, Melanie Delapaz alleges that she desired Japanese Food in January 2024, needed a car wash in January 2024, desired Indian Food in February 2024, needed a car wash in November 2023, and needed a hair stylist in November and December 2023.

Melanie Delapaz does not seem to target large corporations or new businesses by the looks of the street photos of the businesses she has sued.

The problem is that the ADA allows Melanie Delapaz to “test” facilities for ADA compliance even if the disabled person does not intend to do business. The businesses do not receive any complaints or forewarnings of their imperfect access. Access is crucial and no-one can argue with that. It is how some plaintiff’s make money along with their attorneys that hurts small businesses in California.  The Ninth Circuit Court of Appeals interprets “testing” as a Civil Right. Conversely, California recognizes the legal abuses by many disabled plaintiffs. Under the California Unruh Act, and/or Disabled Person’s Act, a disabled plaintiff must intend to do business and be a bona fid patron, like the non-disabled.

It is less expensive to avoid litigation by taking precautions. Ms. Catherine M. Corfee, Esq., has been a California litigator since 1991. She has worked for two U.S. Magistrate Judges in the Federal Eastern District Court of California. Ms. Corfee can provide pre-litigation advice and defend businesses against ADA claims.

916-487-5441

Corfee Stone Law Corp

Serving Northern and Southern California