SACRAMENTO, Calif. -- New legislation making its way through the state Capitol could put an end to what some have called "drive-by lawsuits" concerning restaurants and people with disabilities.

Video

KCRA 3's Tom DuHain Reports

Supporters of the bill want to give business people 120 days to make their stores and restaurants fully accessible to people with disabilities before facing a lawsuit. But some disability advocates say that the very idea is insulting and implies that their civil rights are somehow up for negotiation.

The author of Senate Bill 855, Sen. Charles Poochigian, R-Fresno, says the bill will stop what he calls a "runaway cottage industry" of access lawsuits using the Americans with Disabilities Act.

"Ironically, this law was designed to open doors for the disabled, and it has forced some businesses to close their doors all together," Poochigian said. "The ADA should be about providing access, not a payday for shakedown artists."

On Tuesday morning, the senator gathered small business owners, who have been hit by lawsuits, with pictures of businesses now shut down by costly litigation.

"Right around $100,000, an amount that I will never be able to recover or most likely never be able to recover. That's money I could have spent on ADA access plans," said business owner Kathy Reese-McNeill.

Olga Mustafa and her husband, owners of a Straw Hat Pizza restaurant, said they were hit with an ADA lawsuit a few days after receiving a letter complaining about accessibility. They said it came from Sacramentan James Sanford, who has filed over 100 such lawsuits in the last three years.

The Mustafas said that improvements were underway and almost finished, when another letter arrived demanding $10,000 to settle.

"We're very upset about this. We're not settling with this man. We are willing even to lose our house over it," Mustafa said.

Disability advocates say there would be no lawsuits if the businesses were up to ADA standards in the first place.

"When you drive on the road, you (have to) know the laws. When you run a business in California, you have to know the requirements and know that you comply with them," said Californians for Disability Rights spokeswoman Laura Williams.

California is one of only three states with laws enhancing ADA lawsuits by allowing plaintiffs to collect punitive damages and attorney fees as well as forcing accessibility improvements.

Poochigian's says that by changing the law to give businesses time to make repairs, money will be spent on improvements rather than attorney fees.