There have been a number of reform measures which could have made a difference in the potential for abuse in ADA/access lawsuits in California, but which were not approved by the legislature, including without limitation the following:
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2000 US HR 3590 (Mark Foley)
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2001 Cal AB 1040 (John Dutra)
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2001 US HR 914 (Mark Foley)
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2002 US SB 782 (Daniel Inouye)
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2003 Cal AB 209 (Tim Leslie)
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2003 Cal SB 69 (Rico Oller)
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2004 US HR 728 (Mark Foley)
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2005 Cal AB 20 (Tim Leslie)
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2005 “Opportunity to Repair Act” Initiative
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2005 US HR 2804 (Mark Foley)
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2005 Cal SB 855 (Charles Poochigian)
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2008 Cal SB 1766 (Tom McClintock)
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2009 US HR 2397 (Duncan Hunter)
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2011 Cal SB 783 (Bob Dutton)
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2011 US HR 881 (Duncan Hunter)
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2012 AB 1878 (Beth Gaines)
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2012 AB 1879 (Beth Gaines)
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2012 AB 1163 (Mimi Walters)
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2012 AB 1610 (Don Wagner)
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2014 AB 1848 (Travis Allen)
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2014 AB 1885 (Frank Bigelow)
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2014 AB 2494 (Ken Cooley)
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2014 US HR 777 (Duncan Hunter)
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2014 US HR 994 (Ken Calvert)
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On the Federal side, reforms have failed because these lawsuits are seen to be a problem only in certain states which have passed legislation to make them worse; for example, because at least 42% of the ADA/accessibility lawsuits in the United States are filed in California, many legislators in other states where these lawsuits are not such a serious problem may not appreciate the need to vote for change. But people with disabilities in other states look to the high degree of accessibility in California and want their states to follow California's model, without considering the harm and cost it has created (or the far more fair and cost effective alternatives to a lawsuit-based enforcement system; the need for reform for more information).
California reforms have failed because many of the legislators with key votes receive significant contributions from lawyers, affiliates or organizations which represent them. So it is not surprising they they have consistently votes against measures which would reduce the number of lawsuits, and have often votes for measures which would increase them. See LegislativeDisgrace.com for more information. If you think a system of private lawsuits is a good way to change building standards, see www.ADAabuse.com.
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