Under the Americans with Disabilities Act, businesses are required to avoid discrimination against individuals with mental or physical impairments. This law was made to more fully integrate the disabled into the fabric of American society.
On July 26, 1990, Congress enacted the Americans with Disabilities Act, specifically finding that:
Congress had very specific and well defined goals when passing this law. These goals are explained within the text of the law itself, and include:
Congress also defined the term disability very broadly, so that it would cover the maximum number of people. The term “disability” under the ADA means “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The law goes on to explain that “major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.”
The most common disability in “drive-by” or tester ADA lawsuits are disabilities relating to a plaintiff’s ability to walk. Most ADA tester plaintiffs are wheelchair-bound. While no one questions the need to avoid discrimination against the disabled, there has been a dramatic rise in the number of disability-based ADA lawsuits that are filed by plaintiffs who are “testers,” who were never real customers of the businesses that they sue. Recent appellate opinions have determined that the law applies equally to these tester plaintiffs, and the number of these lawsuits is growing aggressively.
If you are facing an ADA lawsuit filed by a tester or drive-by plaintiff, we have the knowledge and experience needed to resolve your case as quickly and cost-effectively as possible.