From Colorado Politics op-ed by CCJL executive director Mark Hillman:

State Rep. David Ortiz (D-Littleton) makes a compelling advocate for the rights and struggles of disabled Coloradans.

“I lived 30 years as an able-bodied leg-walker, a five-minute-mile running, hard-charging combat aviator – until a crash in Afghanistan left me paralyzed from the waist down,” he told the House Judiciary Committee.

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His House Bill 1032 would change Colorado law to specifically allow lawsuits regarding disability access violations to seek “emotional distress” damages of up to $642,180 and to require defendants to pay attorney fees and costs for prevailing plaintiffs.

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That’s where Coloradans who have defended against disability lawsuits cry foul.  HB 1032 doesn’t increase damages only in cases in which violations are “blatant” or “obvious.”  It creates a six-figure incentive to litigate accessibility problems rather than resolve them.  Even the bill’s supporters acknowledge that lawsuits typically take two years to resolve.

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“In my experience, the best laws have both a carrot and a stick,” observed Rep. Marc Snyder (D-Manitou Springs).  “I see a lot of sticks here, but I don’t see any carrots.”

Except for a few bad actors, the most efficient means of resolving accessibility problems might be personal contact with the business.  Litigation should be a last resort.