My letter-writing campaign urging the amendment of ADA - 6 Decade in a Glimpse (Pius Lee Autobiography 8)

My letter-writing campaign urging the amendment of ADA

In 2016, I joined many merchants from different counties asking the state to pass legislation SB 269 that would provide relief for merchants from paying attorney fees and damage.

The SB 269 amendment was passed by the State Legislature. It stipulated that while merchants would mitigate access for the people with disabilities, they would not be required to pay for attorney fees and damage. This way, lawyers would no longer make use of the state's provision to file Americans with Disabilities Act (ADA) lawsuits because the law would no longer require the merchants to pay for legal and compensation fees.

In 2021, advocates for people with disabilities and their attorneys bypassed SB 269, which no longer offered any incentive for profit, and sued the small businesses under the federal ADA instead.

In October 2021, I continued my letter-writing campaign urging U.S. Senator Dianne Feinstein, House Speaker Nancy Pelosi, State Attorney Bob Bonta, former San Francisco District Attorney Chesa Boudin, former San Francisco Supervisor Matt Haney to support incorporating that merchants would not face unfair penalty.

In my letter, I asked that the State Attorney General Bonta and San Francisco District Attorney Boudin considered a similar law in Arizona that deals with lawyers cashing on filing frivolous ADA lawsuits. Arizona has thrown out more than 1,000 ADA-related cases and reimbursed financial penalties and legal fees paid by businesses.

On August 11, 2021, I formally submitted documents asking federal legislative bodies to insert amendments to the federal ADA, stipulating that merchants who were accused of ADA violation would have 15 days to take corrective actions.

The State's ADA law said that beginning January 2017, businesses must comply with laws to protect people with disabilities before renting out their units. Otherwise, it would become a violation. Since then, rental agreements signed after 2017 state that citations issued to renters shall be paid for by the landlords.

On April 15, 2022, I was very grateful that former San Francisco District Attorney Chesa Boudin and Los Angeles District Attorney George Gascon jointly announced on April 11 a civil suit filed against the Potter Handy LLP law firm which had filed ADA lawsuits against thousands of small businesses. The joint lawsuit asked the law firm to return the compensation, penalty, and attorney fees paid by the merchants.

I hope that in the future we could see reform of the ADA laws at the federal level by adding on the state provision. While the ADA laws give people with disabilities dignity and convenience, the law should also help small businesses avoid falling prey to the abusive ADA's profiteering scheme.

In 2018, the mayoral race between Mark Leno, former State Senator, and Mayor London Breed was very close. Their support percentage was almost even.

On January 28, 2018, I accompanied Mayor London Breed to the Chinese Consolidated Benevolent Association. I suggested that she should bring up three issues that the Chinese community cared about.

Mayor Breed told the association's directors that: 1) She would follow late Mayor Ed Lee's policy in Chinatown to continue the pre-Chinese New Year Fair for 14 days. 2) She would oppose opening any cannabis dispensary in Chinatown. 3) A cannabis dispensary would be required to keep the minimum distance of no less than 1,000 feet from a school.

I believe that Mayor London Breed had strong support from the Chinese community because she kept her promises that she had made at the Chinese Consolidated Benevolent Association. As a result, she won the election by just 2,500 votes. The two other top candidates, Mark Leno and Jane Kim, did not openly oppose marijuana shops.

I also believe that Mayor Breed would keep her promises and would follow late Mayor Ed Lee's Chinatown policy, which would have enhanced street cleaning schedules, free graffiti removal, widen Stockton Street sidewalk (from Broadway Street to Sacramento Street with secured funding), and the 14-day Chinese New Year Street Fair.

In June 2018, Mr. Wei Siu-Ping, owner of Hue An Company selling herbal and ginseng products in Chinatown, was accused of selling unauthorized prescription drugs violating federal FDA codes.

Mr. Wei Siu-Ping said he had no idea where the product came from. He sought my help through his friend. After I learnt about the full story, I contacted San Francisco District Attorney George Gascon.

Mr. Wei had an opportunity to provide documentation to the District Attorney Office, which subsequently concluded that the accusation was not fair to Mr. Wei. District Attorney Gascon dismissed the case on February 28, 2019.

In 2016, I learnt that Chinese immigrant Eddy Zheng was a convicted felon and released after serving 19 years in jail. Because of his conviction, he was not qualified to apply for citizenship. He asked for my help through his friend.

At my community luncheon for 500 seniors and underserved individuals in Chinatown Salvation Army Center, District Attorney Gascon volunteered as a server. I took this opportunity to introduce him to Eddy and explained that he had been a reformed man and worked for a non-profit organization. Eddy was committed to starting a new life. District Attorney Gascon agreed to amend his previous record to misdemeanor .

On May 1, 2017, Eddy became an U.S. citizen. He founded non-profit New Breath Foundation offering help to immigrants and minorities and giving back to the community.

In April 2000, I proposed two hours of free parking at Portsmouth Square Garage as an incentive to vitalize Chinatown economy. Former Mayor Willie Brown supported my idea. So, customers who patronised participating businesses for a minimum purchase would receive a parking voucher for one to two hours of free parking daily between 5pm to 2am.

( To be continued in Issue 194 )

Editor's Note: Community leader Pius Lee retires in 2024 after advocating for the community in many ways for 60 years. He has recently released his autobiography book, 6 Decades in a Glimpse, as his personal memoirs for his friends and families, not for sale. Mr. Lee shares his book with community members to be reprinted in Wind Newspaper's weekly issues starting #186 in April 2024.