My HOA was sued for some slightly uneven sidewalks and the fact that some people had parked cars that jutted out of their driveways. Plaintiff doesn't live here, has pretty much made a living by such lawsuits. So while I agree with the tenets of the ADA, it's just one more example of how legislated morality will be abused by a small percentage for their own gain. If it were repealed tomorrow I would shrug.
I hear plenty of stories like this out of California. Their enforcement of the ADA is somewhat unique. Instead of having inspections and compliance officers, any wronged party can file a claim and receive ~$4k in compensation. There are plenty of people who make a considerable amount of money as 'freelance' code enforcement.
My issue with this system is the animosity it causes. Panzagl had one interaction with this method and it was enough for them to be ambivalent about the ADA.
A friend of mine does public outreach for an organization for the blind in Seattle, and 99% of ADA non-compliance that they see stems from ignorance and is solved by education.
This is very convenient and self serving logic. Everything will be abused by a small percentage for their own gain. Dismissing the entire ADA because of a few anecdotal examples that were irritating to _you_ is completely nuts when weighed against the massive improvement in quality of life the ADA has created for the millions of disabled Americans.
When you say you'd shrug what you are really saying is that you care about your HOA and don't give a crap about people with disabilities. If you did care you'd be proposing ways to close loopholes like the one Plaintiff was exploiting.
Just because someone is entering a seemingly frivolous lawsuit, is it fair that the HOAs sidewalks are inaccessible in general? I feel like it feels wrong because someone is profiting on it but society is more equitable as a result and I don't feel that is an abuse of the legislation.
In fact, if profit drives more people to fight for what's right, then it becomes easier to make the world a better place.
Profit is just one form of incentive that we can align for increasing compliance with directives with a positive social benefit. All incentives are abusable if you design them incorrectly, so I see no reason to vilify profit over other kinds of incentives.
I used to live in a neighborhood that frequently had un-shoveled/un-salted sidewalks and cars parked across the sidewalk. As someone who walks a dog, it's fucking obnoxious to have to wander around in two feet of snow because someone didn't want to park on the street, or slip and fall on an unsafe sidewalk.
The disabled aren't the only people who care. Take care of your sidewalk, it's your legal fucking responsibility.
