The Minnesota Chamber of Commerce says it will seek to amend state and federal laws to head off what it describes as serial lawsuits demanding access for people with disabilities as a way to generate lucrative attorney fees.
The initiative comes in the wake of dozens of lawsuits filed by Minneapolis lawyer Paul Hansmeier against mostly small businesses in Marshall, Mankato, Rochester and the Twin Cities. The lawsuits are based on the federal Americans with Disabilities Act, which requires businesses to make reasonable accommodations for people with disabilities, and similar provisions of the Minnesota Human Rights Act.
There's no way to know how many businesses Hansmeier has sued because Minnesota, unlike most states, does not require a public filing to initiate a lawsuit. However, the Star Tribune has found 86 state and federal lawsuits filed publicly against a range of Minnesota businesses, including convenience stores, restaurants, health care providers, hotels, an antique store and a bowling alley.
Hansmeier filed seven lawsuits in July alone in federal court against five businesses in Columbia Heights and one each in Mankato and St. Paul Park.
"One business in Marshall was one degree off on its ramp [slope] and was sued," said Ben Gerber, manager of energy and labor policy for the Minnesota Chamber of Commerce. "That's just ridiculous," he said. "They made a good effort to comply."
Gerber said the Chamber has spoken to U.S. Sen. Amy Klobuchar, Sen. Al Franken's office and to Minnesota Human Rights Commissioner Kevin Lindsey about changing the laws. He said they've notified chambers of commerce in other states to be on the lookout for similar lawsuits.
Some lawyers have been criticized for filing cookie-cutter disability lawsuits around the country.
Currently, there's no requirement for plaintiffs to notify a business before bringing a disability lawsuit. Because some fixes can be costly and complicated, the Chamber would like to give business owners up to 90 days to begin work on an alleged violation and up to a year to make a good-faith effort to complete it.