A Business Owner's Guide to ADA Lawsuits

Receiving notice of a lawsuit can be a significant concern for any business owner. If that notice alleges a violation of the Americans with Disabilities Act (ADA), it introduces a specific set of legal and operational challenges. Understanding the fundamentals of ADA lawsuits is the first step toward resolving the issue and protecting your business from future claims.

This guide from ADA attorney Nolan Klein provides answers to frequently asked questions about ADA lawsuits, offering the clarity needed to navigate this complex legal area.

Who Can File an ADA Lawsuit?

Under Title III of the ADA, any individual with a disability who has been subjected to discrimination can file a lawsuit. To have legal "standing" to sue, the plaintiff must demonstrate that they have personally encountered a barrier to access at a public accommodation.

A public accommodation is a private entity that is open to the public, such as a retail store, restaurant, hotel, or service-based business. The plaintiff must show that the violation directly impacted their ability to access the goods, services, or facilities offered by the business. It is not uncommon for "serial plaintiffs" to file numerous lawsuits against multiple businesses after identifying common accessibility barriers.

What Are Common ADA Violations?

ADA violations can be both physical and digital. While many business owners associate the ADA with architectural standards, the law's reach extends to all aspects of a business's operations.

Common violations include:

• Physical Barriers: Lack of accessible parking spaces, ramps, or elevators; non-compliant restrooms; and narrow aisles or doorways that impede wheelchair access.

• Communication Barriers: Failure to provide auxiliary aids and services, such as sign language interpreters or materials in Braille, for individuals with hearing or vision impairments.

• Website Inaccessibility: Websites and mobile applications that are not accessible to people with disabilities, such as those who use screen readers. This is a rapidly growing area of ADA litigation.

• Policy and Procedure Issues: Policies that discriminate against individuals with disabilities, such as refusing to allow service animals on the premises.

What Damages Can Be Recovered?

The remedies available in an ADA lawsuit can be substantial. Federal law under Title III of the ADA does not allow for monetary damages to be awarded to the plaintiff. However, it does require the business to:

1. Correct the Violation: The primary remedy is an injunction, which is a court order compelling the business to remove the accessibility barrier and come into compliance.

   
   

2. Pay the Plaintiff's Attorney's Fees: The ADA allows the "prevailing party" to recover attorney's fees and litigation costs. This means that if a plaintiff succeeds in their claim, the defendant business is typically responsible for paying the plaintiff's legal expenses, which can often amount to thousands of dollars.

   
   

Some state laws, such as California's Unruh Civil Rights Act, do permit plaintiffs to recover monetary damages in addition to attorney's fees, significantly increasing a business's financial exposure.

How Can Businesses Avoid ADA Lawsuits?

Proactive compliance is the most effective defense against ADA lawsuits. Taking steps to ensure your business is accessible not only mitigates legal risk but also broadens your customer base and enhances your public reputation.

Key preventive measures include:

• Conducting an Accessibility Audit: Regularly audit your physical premises and digital properties (website, mobile apps) to identify and rectify potential barriers. This can be done with the help of a knowledgeable consultant or an ADA defense attorney.

  
  

• Developing Compliant Policies: Establish and implement clear policies for accommodating individuals with disabilities, including procedures for service animals and providing communication aids.

  
  

• Training Your Staff: Ensure your employees are trained on ADA requirements and understand their role in providing accessible services to all customers. An informed staff is your first line of defense.

Protecting Your Business

Navigating an ADA lawsuit requires swift and knowledgeable action. The legal landscape is intricate, and the financial consequences can be severe. By understanding the common pitfalls and taking proactive steps to ensure compliance, you can effectively defend your business and foster an inclusive environment for all customers. If you have received a lawsuit, consulting with an experienced ADA defense attorney is a critical next step to protect your assets and reputation.