HomeMy WebLinkAboutRES CC 2004 2258 2004 1103RESOLUTION NO. 2004 -2258
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, SUPPORTING
LEGISLATION REQUIRING NOTICE PRIOR TO
FILING LEGAL ACTION FOR VIOLATIONS OF THE
AMERICANS WITH DISABILITIES ACT
WHEREAS, the
rights protection
those provided to
Americans with
to individuals
individuals on t
national origin, age, and religion;
Disabilities Act gives civil
with disabilities similar to
ze basis of race, color, sex,
and
WHEREAS, the Americans with Disabilities Act guarantees
equal opportunity for individuals with disabilities in public
accommodation, employment, transportation, state and local
government services, and telecommunications; and
WHEREAS, the City of Moorpark 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, 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, and their goal has been to exact
financial punishment through lawsuits instead of improving
accessibility for the disabled; 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 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 of the Americans with
Disabilities Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City 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
Resolution No. 2004 -2258
Page 2
by providing a due process provision for property owners so that
they may be in full compliance with the Act.
SECTION 2. The City Clerk is hereby directed to forward a
copy of this resolution to the League of California Cities, the
Governor's office, and to the California and Federal legislative
delegation.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this
ATTEST:
S. l
Deborah S. 'fenstWdt, City Clerk
Resolution No. 2004 -2258
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2004 -2258 adopted by the City
Council of the City of Moorpark at a regular meeting held on the
3rd day of November, 2004, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Parvin
and Mayor Hunter
NOES:
None
ABSENT:
None
ABSTAIN:
None
WITNESS my hand and the official seal of said City this 4th
day of November, 2004.
Deborah S. Traffenst , City Clerk
(seal)