Following up on yesterday's post about Sen. John Cornyn's Republican Conference hearing on legal reform in the 111th Congress, we now have links to witnesses' prepared statements.
Christopher R. Drahozal, Chair, Consumer Arbitration Task Force, Searle Civil Justice Institute
and John M. Rounds Professor of Law, University of Kansas School of Law.
Crystal Chodes, the former marketing director for Basketball Town, a special events facility in Rancho Cordova, Calif. Legal costs to fight an unfounded ADA suit drove the family-friendly facility out of business, along with a small pizzeria located in the building. She testified:
The issue for us was not that Basketball Town was out of compliance with either the federal Americans with Disabilities Act, or the even more stringent California state disabilities law. In fact, we were fully compliant. We had even worked with the building's owners when we moved into the facility to ensure that the building was fully compliant with the laws. During the lawsuit, the plaintiff's attorney hired an independent expert on ADA compliance to come to the facility. The plaintiff's own expert found no violations with regard to access to the second floor - which was the central question of the lawsuit. For Basketball Town, we didn't violate the law, but we got sued anyway. And the cost of defending the lawsuit ultimately became more than we could bear. After about a year of fighting the lawsuit, we were forced to settle and to close our doors forever.
As noted yesterday, the American Enterprise Institute's Ted Frank also testified. He wrote about the hearing over at Overlawyered.