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Governor Dayton Signed Amendment to Disability Accomodation Legislation

On May 23, 2017, Governor Dayton signed critical legislation to protect Minnesota businesses from “drive-by” ADA lawsuits. The amendment will affect lawsuits alleging “architectural barriers” at places of public accommodation. Now, before filing a lawsuit, a person’s attorney must send a “safe harbor” notice to the business giving the business 60 days to remove the noted barrier (and up to an additional 30 days if weather prevents timely removal). Although no such notice is required to bring a claim under federal ADA law, this amendment may significantly reduce so-called “drive-by” ADA lawsuits plaguing Minnesota businesses by taking away a “drive-by”...
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Protect Yourself and Your Business Against Drive-By ADA Lawsuits

Despite new legislation protecting small businesses, so-called “drive-by” law suits are being filed against small businesses across Minnesota under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) for things like handicapped parking lot, entry access, and bathroom violations. A fresh wave of these lawsuits has been hitting local Mankato area businesses within the past several weeks. The new law in Minnesota gives more protections to small businesses, such as the right to notice and a chance to fix potential violations before suit is filed. Federal courts have also disfavored these serial suits. If you are...
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