ADA lawsuits are rising in Chicago: How to protect your business.

Nolan Klein
3 days ago
5 min read

The Americans with Disabilities Act (ADA) was passed in 1990 to ensure equal opportunity and access for people with disabilities. Decades later, many businesses nationwide still struggle with compliance, leading to a significant rise in litigation. In Chicago, this trend is particularly pronounced, with a handful of plaintiffs and law firms filing thousands of lawsuits against businesses for alleged ADA violations.

These lawsuits often target businesses for technical infractions, such as inaccessible websites or minor physical barriers at their premises. For business owners, these legal actions can be financially devastating, involving not only the costs of remediation but also substantial legal fees for both sides.

Understanding the landscape of ADA litigation in Chicago is the first step toward effective defense and proactive compliance. This guide will provide an overview of the current situation, detail the types of violations commonly cited, and outline strategic steps businesses can take to protect themselves.

Understanding the Surge in Chicago ADA Litigation

In recent years, the Northern District of Illinois has become a hotspot for ADA lawsuits. A small number of serial plaintiffs, working with specific law firms, are responsible for a large percentage of these filings. Their focus is often on "drive-by" lawsuits, where a plaintiff identifies minor, easily identifiable violations without ever intending to patronize the business.

The primary motivation behind many of these lawsuits appears to be financial. The ADA allows plaintiffs to recover attorney's fees if they prevail, creating a business model for law firms that specialize in this type of litigation. They can file hundreds of cases, knowing that many businesses will choose to settle quickly to avoid the high costs and uncertainty of a court battle. This has led to a contentious environment where the original spirit of the ADA—to ensure access—is sometimes overshadowed by legal maneuvering for profit.

Common ADA Violations Targeted in Lawsuits

While ADA compliance covers a wide range of standards, lawsuits in Chicago frequently focus on two main areas: website accessibility and physical accessibility.

Website Accessibility (Title III)

A growing number of ADA lawsuits concern digital accessibility. Since the law was written before the internet became central to commerce, there are no explicit government regulations defining what makes a website ADA-compliant. Courts, however, have increasingly ruled that commercial websites are "places of public accommodation" and must be accessible to people with disabilities.

Common website accessibility issues include:

Lack of Alt Text: Images without descriptive alternative text cannot be interpreted by screen readers used by visually impaired individuals.
Poor Keyboard Navigation: Websites that cannot be fully navigated using only a keyboard are inaccessible to users with motor impairments who cannot use a mouse.
Inaccessible Forms: Online forms that are not properly labeled make it difficult or impossible for screen reader users to complete purchases or submit information.
No Captions on Videos: Videos without captions exclude users who are deaf or hard of hearing.
Insufficient Color Contrast: Low contrast between text and background can make content unreadable for users with low vision.

These lawsuits often allege that an inaccessible website denies individuals with disabilities the same access to goods and services as other customers.

Physical Accessibility (Title III)

Lawsuits related to physical barriers at brick-and-mortar locations remain common. These cases often cite violations of the ADA Standards for Accessible Design, which outline specific requirements for public accommodations.

Frequently cited physical violations include:

Parking Lot Issues: Lack of accessible parking spaces, improper signage, or non-compliant access aisles.
Entrance Barriers: Steps at the entrance without a ramp, steep ramp slopes, or doorways that are too narrow.
Restroom Deficiencies: Restrooms lacking grab bars, having incorrect toilet heights, or inaccessible sinks and mirrors.
Service Counter Height: Transaction counters that are too high for wheelchair users to access.
Path of Travel Obstructions: Aisles cluttered with merchandise or displays, blocking a clear path for wheelchair users.

These violations are often easy to spot from outside a business, making them prime targets for "drive-by" plaintiffs.

Strategic Defense Against an ADA Lawsuit

Receiving a notice of an ADA lawsuit can be overwhelming, but a strategic and timely response is critical. Business owners should not ignore the complaint, as a default judgment can be entered against them.

Here are key defense considerations:

Engage Experienced Legal Counsel: The most important first step is to hire an attorney with specific expertise in defending ADA lawsuits. An experienced lawyer can assess the validity of the plaintiff's claims, identify potential defenses, and navigate the complex legal process.
Challenge the Plaintiff's Standing: A common defense strategy is to challenge whether the plaintiff has "standing" to sue. To have standing, a plaintiff must demonstrate they suffered a concrete injury and have a genuine intent to return to the business. If it can be proven that the plaintiff has no real intention of returning and is merely a serial filer, a court may dismiss the case.
Assess the "Readily Achievable" Standard: The ADA requires businesses to remove architectural barriers when it is "readily achievable" to do so—meaning it can be done without much difficulty or expense. If the cost of remediation is disproportionately high compared to the business's resources, this can serve as a defense. An attorney can help analyze whether this applies.
Evaluate Settlement vs. Litigation: In many cases, settling may be the most cost-effective option. An experienced ADA defense attorney can negotiate a favorable settlement that includes a reasonable timeline for making necessary corrections and minimizes attorney's fees. However, if the plaintiff's claims are weak or their demands are unreasonable, proceeding with litigation may be the better course.

The Best Defense: Proactive Compliance

The most effective way to avoid an ADA lawsuit is to ensure your business is compliant before a complaint is ever filed. Taking proactive steps not only protects your business from legal action but also expands your customer base by making your services accessible to everyone.

How to Achieve Compliance:

Conduct a Compliance Audit: Hire a Certified Access Specialist (CASp) or a qualified ADA consultant to inspect your physical premises and audit your website. They can identify potential violations and provide a detailed report on what needs to be fixed.
Develop a Remediation Plan: Based on the audit, create a prioritized plan to address any identified barriers. Document your efforts, including timelines and budgets. This documentation can be valuable evidence of your good-faith effort to comply if a lawsuit is filed.
Train Your Staff: Ensure your employees understand the basics of the ADA and are trained to assist customers with disabilities respectfully and effectively.
Stay Informed: ADA standards and legal interpretations can evolve. Stay updated on any changes and regularly review your compliance status.

Secure Your Business's Future

The rise in Chicago ADA lawsuits presents a serious challenge for business owners. These legal actions can be costly and disruptive, diverting resources from core operations. However, by understanding the risks and taking proactive measures, you can significantly reduce your vulnerability.

If you have received an ADA lawsuit or want to take steps to ensure your business is compliant, it is essential to seek expert legal guidance. An attorney specializing in ADA defense can provide the strategic counsel needed to protect your assets and navigate this complex legal landscape.