Today at the Board of Supervisors, we took up several important issues that directly affect our communities. I want to highlight three of the items I spoke on and explain why I took the positions I did.
Standing Up for Small Businesses Against ADA Lawsuit Abuse
Everyone should be able to access any business open to the public. That is not up for debate.
But we also have to recognize what is happening to small businesses across California. I have heard directly from business owners who have been crushed by frivolous and repetitive ADA lawsuits over minor or technical violations. For many small businesses, these lawsuits are not something they can afford to fight. They are forced to settle, even when the violations are minor and could have been fixed, because the cost of defending themselves can be devastating.
That is not justice. It is a system that can be exploited to extract money from hardworking business owners.
I have heard from local business owners who have invested years of their lives building their businesses, only to have thousands of dollars taken from them because of these lawsuits. The money that should be going toward actually fixing accessibility issues instead goes toward legal fees and settlements.
We can protect ADA rights while also stopping this kind of lawsuit abuse.
That is the goal of my item. I am supporting legislation that would establish a statewide right-to-cure period, giving businesses a reasonable opportunity to fix legitimate accessibility violations before facing a lawsuit.
This is about finding the right balance. We should never weaken ADA protections, but we also should not allow a system that financially punishes small businesses for technical violations that they are willing and able to correct.
Small businesses are the backbone of our communities. They deserve a fair shot.
Protecting Communities from Big Tech Data Centers
I’m also glad to see this item before us because we need to prepare for the potential impacts of large-scale data centers before they arrive in our communities.
Back in January, I directed staff to review the potential impacts of large data centers. While we have not seen any major projects come forward yet, now is the time to make sure we have the right safeguards in place.
Many of the constituents I hear from are concerned about water usage, electricity rates, noise, and the overall character of our communities.
Last year, I brought legislation forward on this issue, and today we took another step in the right direction. These measures would help reduce impacts to ratepayers and ensure appropriate public participation in the permitting process by requiring CEQA review.
We should not wait until a massive project is on our doorstep to start asking questions. We need to plan ahead and make sure our residents have a voice before decisions are made that could affect our communities for decades.
I Voted No on Ending County Facilities Use by ICE and CBP for Firearms Training
Finally, I voted against an item that would prohibit ICE and Customs and Border Protection from using County facilities for firearms training.
Our Sheriff’s training centers are used by a variety of local and federal law enforcement agencies. They are not simply shooting ranges. They include classrooms, simulation rooms, and facilities for tactical training. These facilities were also made possible through partnerships with the federal government.
Our law enforcement agencies should be working together, not in isolation.
I was particularly concerned about including CBP in this prohibition. CBP officers are required to complete firearms training on a recurring basis, and they use our Otay facility because it is conveniently located near the Ports of Entry where they do much of their work.
If we block access to these facilities, these officers will have to travel out of the area for training. That means more time away from their posts and less time doing the jobs they are responsible for.
These agents protect our border and are on the front lines of stopping drug and human trafficking. They process hundreds of thousands of people through our Ports of Entry every day.
Disrupting their training could have consequences far beyond the training facility. It could contribute to increased wait times at San Ysidro, Otay Mesa, Tecate, CBX, and our international airport and seaport. Longer wait times can disrupt cross-border commerce, create additional congestion, and leave more cars and trucks idling at the border.
Regardless of where you stand on ICE, I believe we can all agree that properly trained law enforcement officers are a good thing.
I believe this item puts politics and optics ahead of common sense and public safety. I could not support it, and I voted no.
These issues may be different, but the principle behind my votes is the same: we need to stand up for our communities, protect small businesses, and make decisions based on common sense, not politics.
Thank you for staying informed and engaged.
San Diego County District 5 Supervisor Jim Desmond
https://www.supervisorjimdesmond.com/
