HomeMy WebLinkAboutReso 2004-155 - ADA
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RESOLUTION NO. 2004-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING SUPPORTING LEGISLATION AMENDING THE
AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE
PR~OR TO FILING LEGAL ACTION
WHEREAS, the Americans with Disabilities Act 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
'WHEREAS, the Americans with Disabilities Act guarantees equal opportunity for
individuals with disabilities in public accommodations, employment, transportation, state
and local government services, and telecommunications; and
WHEREAS, the City of Redding supports the goals of this landmark civil rights
law and the original intent of the Americans with Disabilities Act because it provides
equal access opportunities for all Americans; and
WHEREAS, since the enactment of the Americans with Disabilities Act, many
abuses have been perpetrated against property owners by a few unscrupulous
attorneys seeking to wage economic retribution upon property owners using the guise of
a well-intentioned civil rights law. Unfortunately, it is not the goal of these few attorneys
to improve accessibility for the disabled, but to exact financial punishment through
lawsuits; and
WHEREAS, legislation has been introduced by California State Assemblyman
Tim Leslie (AS 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would
amend the Americans with Disabilities Act to require, as a precondition to commencing
a civil action with respect to a place of public accommodation or commercial facility, that
an opportunity be provided to correct alleged violations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE C~TY OF
REDDI~G that this Council supports the adoption of legislation that would require notice
prior to filing legal action for violations of the Americans with Disabilities Act since it
would curtail the abusive practice of certain attorneys by providing a due process
provision for property owners so that they may be in full compliance with the Act.
BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this
Resolution to the League of California Cities, Central Coast Cities, the Governor's
office, and to the California and Federal Legislative Delegation.
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I HEREBY CERTIFY that the foregoing Resolution was introduced, read and
adopted at a regular meeting of the City Council on the 5th day of October, 2004, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Cibula, Kight, Mathena, Stegall, and Pohlmeyer
None
None
None
, Mayor
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FORM APPROVAL:
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CONNIE STRQHMAYE Clerk
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