Enacting the act against abusive access litigation to create a civil action for determining whether litigation that alleges any access violation under the Americans with disabilities act or similar law constitutes abusive litigation and authorizing penalties for such abusive litigation.
If enacted, HB2423 is expected to have a significant impact on civil litigation related to ADA violations in Kansas. By providing a means to challenge litigation perceived as frivolous or abusive, the bill aims to deter lawyers and plaintiffs from pursuing lawsuits that may primarily serve to extract settlements rather than to address genuine access issues. This could lead to a reduction in the number of lawsuits filed under the ADA, potentially affecting the enforcement of disability rights across the state.
House Bill 2423 is designed to combat what it classifies as abusive access litigation, which is litigation that asserts violations of access under the Americans with Disabilities Act (ADA) or similar state laws. The bill allows the Attorney General and affected residents to initiate a civil action against parties litigating access violations, to assess whether those actions constitute abusive litigation. HB2423 establishes a framework for determining such abuse based on several factors, including the history of similar lawsuits by the same initiator and the location's impact on the defendant's ability to respond to the litigation.
The bill has generated a mix of support and criticism. Proponents argue that it protects businesses, particularly small entities, from exploitative lawsuits that disrupt their operations and overwhelm their resources. They believe that the current system can be misused, where plaintiffs seek monetary settlements more than actual corrective measures for access violations. Conversely, critics assert that the bill may undermine the rights of individuals with disabilities. They express concerns that it could create barriers to legitimate claims, making it more difficult for individuals to seek justice for genuine access violations, thereby weakening the protection against discrimination mandated by federal and state law.