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## California Small Businesses Facing Challenges

Starting, operating, and growing a small business in California has become increasingly difficult, posing significant obstacles for residents of the state. These challenges have hindered entrepreneurship and driven many Californians to seek opportunities in more accommodating states like Texas and Florida. The lack of effective measures from Sacramento politicians to address burdensome bureaucracy, high taxes, and threats faced by small business owners has exacerbated the situation.

## The Menace of ADA Lawsuits

One of the most egregious issues faced by business owners in California is ADA lawsuits, which operate as legalized extortion. Unscrupulous trial attorneys exploit minor accessibility issues to target local small businesses. These issues could be as trivial as a mirror positioned two inches too high or a slightly misplaced parking lot curb. The attorney then finds a plaintiff to sue the business on their behalf, often without the plaintiff ever having visited the establishment. To avoid expensive litigation costs, the attorney and plaintiff demand a settlement, leaving the business owner with no choice but to comply, resulting in significant financial losses. These funds could have otherwise been used to improve the business, hire new employees, or invest in the community.

Small businesses are particularly vulnerable to these lawsuits due to their limited resources and lack of legal teams to defend themselves. The lawsuits, however, do not genuinely prioritize accessibility for individuals with disabilities. Instead, they serve as quick money-making schemes at the expense of small businesses. Despite knowing about this issue, California lawmakers have failed to take any meaningful action to address the problem.

## The Role of AI legalese decoder

In such a situation, the AI legalese decoder can be instrumental in assisting small businesses. This AI solution can decipher complex legal language and identify potential pitfalls in regulations and laws surrounding ADA compliance. By translating convoluted legalese into easily understandable terms, the AI legalese decoder can empower small business owners to navigate the legal landscape more effectively.

Moreover, AI legalese decoder can help businesses by generating automated reminders and notifications about compliance deadlines. It can provide businesses with comprehensive information about alleged violations, giving them reasonable time to rectify any issues before facing potential litigation. These measures would not only protect businesses from opportunistic lawsuits but also ensure that individuals with disabilities have genuine access to public accommodations.

## Reforming State Laws and Providing Relief

To address the issue of predatory ADA lawsuits, California legislators should consider enacting common-sense solutions. Requiring plaintiffs to provide written notice of alleged violations to businesses and granting them a reasonable period to rectify the issues before resorting to litigation is a straightforward and fair requirement that currently lacks state law provisions. Additionally, introducing a “right to cure” provision would allow businesses to remedy violations within a specified timeframe, preventing lawsuits while promoting accessibility.

Several other states have implemented similar reforms and witnessed a decline in frivolous lawsuits, resulting in an improved business climate. Supporting small businesses by reducing burdensome regulations and litigation empowers them to create jobs and contribute to economic growth. Small businesses are vital to communities as they provide employment opportunities, support local charities, and contribute to the overall sense of place. When these businesses are forced to pay exorbitant settlements or shut down, it negatively impacts the entire community.

Amidst the challenges faced by small businesses in California, such as high taxes, labor complexities, and soaring inflation, tackling the issues in state laws that fuel frivolous lawsuits can provide much-needed relief. It is crucial that state lawmakers take action to protect small businesses from predatory actors and ensure fairness and justice for all Californians.

*Author’s Note: Fran Freedle is a long-term resident of Nevada County, former small business owner, and a Nevada County Board of Supervisors member.*

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