Californian makes money by enforcing ADA standards

CNN recently reported the story of Tom Mundy, a California wheelchair-user who has sued over 250 businesses in California for violations to the Americans with Disabilities Act (ADA). California is unique from most states because the law allows people to document their own violations and sue for monetary damages. Mundy is not technically employed, but he receives over $100,000 a year as a result of these lawsuits.

Here's how it works: Mundy visits a restaurant, store, or other public place and encounters some ADA violation-maybe it's the lack of grab bars in the bathroom or the placement of a mirror too high for a person in a wheelchair to use. He documents the violations with his own camera and sends the information to his lawyer. Mundy's lawyer writes the business in violation and offers them a settlement, usually around $1,000 to $2,000. Most businesses have agreed to settle because they claim it would cost much more to fight the matter in court. Although California law clearly allows this practice, controversy surrounds Mundy's actions. 

[Photo caption: Tom Mundy sits in his wheelchair outside of a store doorway with a step blocking the entrance.]

Nearly 100,000 people have voted on the story and 88% believe Mundy is an extortionist NOT an advocate. A whopping 93% of people think businesses should have a chance to make changes before they face financial consequences. One blog authored by several lawyers suggests Mundy's actions would be more acceptable if he'd sued "a courthouse, a library, a hospital, or a grocery." After all, should we really expect to enjoy any of the other luxuries of society? I can see my days now...I'd spend my weekends at the library, visit the grocery as often as possible, and perhaps meet a few friends at the courthouse. When I REALLY wanted some excitement, I'd hang out in the emergency room waiting room!

ADA was enacted nearly twenty years ago! How long do we have to wait until it's applied. The option to offer businesses a warning before they face a penalty is entirely unacceptable. I didn't choose "ADA police" as my career path. I shouldn't have to go into a business, deal with inaccessible conditions, draft and send my own letter of violation, WAIT, and then return to see if conditions have improved. It seems strange that the public and much of the legal system claims to generally support the law-but only if it's not REALLY enforced. The small and large businesses Mundy sues have the same (if not better) access to ADA standards that they do tax laws. Does the IRS give you a couple decades to comply with their rules?

I'm tired of waiting. Facing monetary consequences may be the only way businesses will change. It's not up to them to decide that we shouldn't expect to look into a mirror (like their other customers) or reach the mustard (like their other customers) or use the restroom (like their other customers). The laws are in place-Tom Mundy is simply enforcing them.  

What do you think: Is Tom Mundy an advocate or a shyster?

The debate is swirling in a number of different forums and blogs. There are over two thousand comments to the AOL story! If you'd like to join me in the fight calm and friendly discussion, I'm engaged in several discussions here and here. My opinion is definitely not shared by the majority. Even the title of most media coverage on this story suggests the bias (e.g. Disabled Man Sues Businesses for a Living). People seem particularly angry that Mundy reaps an impressive reward from his lawsuit. I believe his financial success is only a snapshot of the barriers all of us face in society.