HomeMy WebLinkAboutCC RESO 2005 - 24RESOLUTION NO. 2005 — 24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
SUPPORTING LEGISLATION AMENDING
THE AMERICANS WITH DISABILITIES ACT TO
REQUIRE NOTICE PRIOR 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 National City 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 (AB 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 that the City Council of the City
of National City hereby 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.
-- Signature Page to Follow --
Resolution No. 2005 — 24
February 15, 2005
Page Two
PASSED and ADOPTED this 15th day of February, 2005.
ATTEST:
Michael Dalla, City lerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Nick I or
Passed and adopted by the Council of the City of National City, California, on
February 15, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-24 of the City of National City, California, passed and adopted
by the Council of said City on February 15, 2005.
City erk of the Cit of National City, California
By:
Deputy