HomeMy WebLinkAbout2005-34RESOLUTION 2005-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING
LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO
REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION.
WHEREAS:
1. The Americans with Disabilities Act ("ADA") gives civil rights protection to
individuals with disabilities similar to those provided to individuals on the basis of race,
color, sex, national origin, age and religion; and
2. The ADA guarantees equal opportunity for individuals with disabilities in
public accommodations, employment, transportation, state and local government
services, and telecommunications; and
3. The City of Ukiah supports the goals of this landmark civil rights law and the
original intent of the ADA, because it provides equal access opportunities for all
Americans; and
4. Since the enactment of the ADA, it has been reported that some attorneys
have abused the ADA as a device for generating attorneys fees rather than a means of
insuring equal access to persons with disabilities, and the excessive cost of these
abuses may actually undermine the goals of the ADA by unnecessarily increasing the
cost of compliance; and
5. Legislation introduced in the 2004 Session of the California Legislature by
California State Assemblyman Tim Leslie (AB 2594) and in the 108th Congress by
Congressman Mark Foley (H.R. 728) would amend the ADA to require, as a
precondition to commencing a civil lawsuit under the ADA, that an opportunity be
provided to correct alleged violations; and
6. This legislation will promote ADA compliance without the added and
unproductive costs of litigation;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council of the City of Ukiah supports the adoption of AB 2594 and
H.R. 728 or similar legislation that would require notice prior to filing legal action for
violations of the ADA; and
2. The City Clerk shall deliver copies of this Resolution to the City of Morrow
Bay, League of California Cities, the Governor's Office, to the California and Federal
Legislative Delegation and to Assemblyman Leslie and
Congressman Foley.
PASSED AND ADOPTED on February 16, 2005 by the following Roll Call Vote:
Ayes: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku
Noes: None
Abstain: None
Absent: None
Resolution 2005-34
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ATTEST:
Mari~ Ulvila, ~iW Ol~rk
Mark Ashiku, May~or
Resolution 2005-34
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