Where Businesses Are Most Frequently Sued for ADA Violations
- Nolan Klein
- Jun 2
- 5 min read
ADA (Americans with Disabilities Act) lawsuits are a growing concern for small and medium-sized business owners across the United States. These lawsuits often target non-compliance with the requirements set forth in Title III of the ADA. From inadequate wheelchair ramps to non-accessible websites, violations can lead to costly lawsuits, and related wasted time and aggravation.
But where are these lawsuits happening most frequently, and why? Here we dive into the hot spots for ADA lawsuits, explore contributing factors, share real-world examples, and outline actionable steps to help business owners ensure compliance and avoid these ADA lawsuits.
ADA Lawsuits at a Glance
The ADA was established in 1990 to ensure equal access and opportunity for individuals with disabilities. Title III of the Act mandates that places of public accommodation—including restaurants, retail stores, and even online businesses—must be accessible to individuals with disabilities.
However, many business owners find compliance challenging due to the complexity of the law - or an incomplete understanding of the ADA requirements applicable to their businesses - leading to lawsuits. California, Florida, and New York are among the states seeing the highest number of ADA lawsuits, with particular cities like Los Angeles, Miami, and New York City emerging as major ADA lawsuit hotspots. Our firm represents businesses in ADA lawsuits in all of these hotspot areas.
Why These Areas?
Certain states and cities see more ADA lawsuits due to a variety of factors, including:
High population density: Urban centers have more businesses, increasing the likelihood of non-compliance being identified.
Litigious environments: Some regions have a history of frequent lawsuits, often spurred by local advocacy groups.
Strict state regulations: States like California have additional accessibility laws, such as the Unruh Civil Rights Act, which amplifies penalties for non-compliance.
Presence of serial litigants: Some individuals or groups file hundreds of lawsuits in specific areas, targeting easily identifiable violations. For example, the architecture of New York City presents a lot of "low hanging fruit" for ADA litigants.
States and Cities with the Highest ADA Lawsuit Rates
Here’s an overview of the regions most frequently affected by ADA lawsuits:
California
Key ADA lawsuit cities: Los Angeles, San Francisco, and San Diego
Why it’s a hotspot: California implements some of the strictest accessibility requirements in the U.S., including additional state laws like the Unruh Act. Combined with a high concentration of businesses and active advocacy groups, this makes California the state with the highest ADA lawsuit rates.
Florida
Key ADA lawsuit cities: Miami, Orlando, and Tampa
Why it’s a hotspot: Florida's growing tourism and hospitality sectors increase focus on physical accessibility. Serial litigants filing numerous lawsuits also contribute to this state's high numbers.
New York
Key ADA lawsuit cities: New York City, Buffalo, and Albany
Why it’s a hotspot: New York’s dense urban landscape and a wide range of businesses lead to frequent litigation, especially in relation to the accessibility of older buildings. Additionally, New York state and city civil rights laws create monetary damages and other factors attractive to serial ADA litigants.
Texas
Key ADA lawsuit cities: Houston, Dallas, and Austin
Why it’s a hotspot: Texas has seen an uptick in lawsuits, partly due to rapid urban growth and increased scrutiny of digital accessibility for websites and mobile apps. Houston has seen the greatest increase by far.
Arizona
Key cities: Phoenix and Tucson
Why it’s a hotspot: Arizona has been flagged for a rising number of lawsuits, particularly targeting small businesses and service providers.
Real-Life Examples of ADA Lawsuits
Case Study 1: ADA Lawsuit Against Retail Store in Los Angeles
A small retail store in LA faced a lawsuit for failing to provide wheelchair-accessible aisles and fitting rooms. Despite their quick response to rectify the violations, the store had to pay settlement fees and penalties to settle the ADA lawsuit.
Case Study 2: ADA Lawsuit Against Restaurant in Miami
A Miami restaurant was sued for having an entrance with steps and no ramp. The owner resolved the issue by installing a compliant ramp and underwent ADA compliance training, and paying legal fees and costs to the other side.
Case Study 3: ADA Website Lawsuit in New York City
A business with an online store faced legal challenges because their website was not screen-reader accessible. They resolved the lawsuit by switching to an ADA-compliant platform and implementing regular audits to ensure ongoing accessibility. They also negotiated payment of some legal fees and damages to the plaintiff.
How to Prevent ADA Violations
While ADA compliance can seem daunting, taking proactive measures can significantly reduce the risk of ADA lawsuits. Here are some actionable risk management tips:
Conduct an ADA Compliance Audit
Hire an expert to review your premises or website for potential violations. A thorough audit will highlight areas that require attention, from physical barriers to digital accessibility. An audit can also be helpful to your defense if an ADA lawsuit is filed later.
Focus on Digital Accessibility
Ensure your website meets Web Content Accessibility Guidelines (WCAG). Some key steps include:
Adding text alternatives for images
Ensuring keyboard navigation functionality
Using high-contrast colors for better readability
Invest in Proper Signage and Training
Visible, clear signage and trained staff can help mitigate physical accessibility issues. For example:
Place clear signs for wheelchair-accessible entrances
Train employees on how to assist customers with disabilities
Use Compliance Monitoring Tools
Invest in tools that regularly scan your digital and physical spaces for compliance gaps. These tools can help you monitor everything from broken webpage alt-tags to obstructed pathways in your store.
Resources for Ensuring ADA Compliance
For business owners seeking additional support, the following resources can be immensely helpful:
ADA National Network
Provides training and technical assistance on ADA compliance.
Small Business Association (SBA)
Offers guidelines and financial assistance for accessibility improvements.
Local Accessibility Consultants
Working with professionals who specialize in ADA compliance can provide tailored insights and solutions.
Online Accessibility Tools
Leverage tools like WAVE or accessibility plugins to check your website compliance.
Safeguard Your Business Today
ADA lawsuits are a reality of doing business, but they’re also preventable with the right steps. Business owners in ADA lawsuit hotspot areas like California, Florida, and New York must be particularly vigilant, but ADA compliance is essential for all organizations, and is a fundamental part of risk management and legal compliance.
If your business has already been served with an ADA lawsuit or an ADA website lawsuit in Florida, New York, or California, call our offices today for a free consultation, and get on the road to resolving your matter efficiently, and preventing any future ADA cases.
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