Why Are ADA Cases Shifting to State Courts?

If you're a business owner facing an Americans with Disabilities Act (ADA) lawsuit, or a lawyer who handles these cases, you may have noticed something unusual: more cases are being filed in state courts rather than federal courts. This shift represents a significant change in ADA litigation strategy, and understanding why it's happening can help you better prepare your defense and protect your business.

The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. Title III of the ADA specifically addresses public accommodations, requiring businesses to ensure their facilities are accessible to people with disabilities. For decades, most ADA lawsuits were filed in federal court, where they belonged under federal jurisdiction. However, recent trends show a marked increase in state court filings, leaving many business owners - and even lawyers - confused about why this is happening and what it means for their defense strategies.

State courthouses are seeing increasing ADA case filings

Background: Federal vs. State Court ADA Cases

Historically, ADA cases have been predominantly filed in federal courts. This made sense because the ADA is a federal statute, and federal courts have specific procedures and precedents for handling disability rights cases. Federal judges are experienced with ADA claims, and the remedies available under Title III are well-established.

In federal court, successful ADA plaintiffs can obtain:

• Injunctive relief requiring businesses to make accessibility modifications

• Attorney's fees and costs if they prevail

• Declaratory judgments establishing ADA violations

However, Title III of the ADA does not provide for monetary damages in private lawsuits. This limitation has been a key factor in how ADA litigation has evolved.

State courts, on the other hand, operate under state law and procedures. While they can hear federal claims like ADA violations, they also apply state-specific accessibility laws and consumer protection statutes that may offer additional remedies not available in federal court.

Reasons for the Shift to State Courts

Several factors are driving the increase in state court ADA filings:

1. Access to Monetary Damages

The most significant reason for this shift is the potential for monetary damages. Many states have their own disability rights laws and consumer protection statutes that provide for compensatory damages, which are not available under Title III of the ADA in federal court.

For example, California's Unruh Civil Rights Act allows plaintiffs to recover minimum statutory damages of $4,000 per violation. New York's state and city human rights laws similarly provide for monetary damages. By filing in state court and combining ADA claims with state law claims, plaintiffs can seek financial compensation beyond just injunctive relief and attorney's fees.

2. More Favorable Procedural Rules

State courts often have procedural rules that plaintiffs' attorneys view as more favorable. These may include:

• Less stringent standing requirements compared to federal courts

• Different discovery rules that may benefit plaintiffs

• Jury trial availability for state law claims with potential damage awards

• Varying motion practice standards that may make dismissal more difficult

  
  

3. Forum Shopping Opportunities

Plaintiffs' attorneys may believe certain state courts or judges are more sympathetic to ADA claims. By filing in state court, they can potentially select venues where they've had previous success or where local judges have demonstrated a plaintiff-friendly approach to accessibility cases.

4. Federal Court Restrictions

Recent federal court decisions have made it more difficult for certain types of ADA plaintiffs to bring cases. Courts have imposed stricter standing requirements, requiring plaintiffs to demonstrate concrete injury and intent to return to non-compliant businesses. Some plaintiffs' attorneys view state courts as a way to avoid these heightened federal standards.

5. Strategic Litigation Considerations

Filing in state court can also serve strategic purposes:

• Slower removal to federal court when cases involve both federal and state claims

• Different settlement dynamics based on state court procedures

• Local jury pools that may be more sympathetic to disability rights claims

Recent Case Examples

The trend toward state court filings is evident in several jurisdictions:

California: The state has seen a substantial increase in ADA-related lawsuits filed under the Unruh Civil Rights Act in state courts. These cases often target small businesses for website accessibility issues, architectural barriers, and lack of proper signage, with plaintiffs seeking the $4,000 statutory minimum damages.

New York: State courts in New York have experienced a rise in ADA cases combined with claims under the New York State Human Rights Law and New York City Human Rights Law. These cases frequently involve both physical accessibility issues and digital accessibility claims against websites and mobile applications.

Florida: Florida state courts have seen increased filings under the Florida Civil Rights Act alongside ADA claims. These cases often focus on hotels, restaurants, and retail establishments with accessibility barriers.

Texas: While Texas' state law ADA equivalent has a notice-and-cure pre-suit requirement built into it, plaintiffs have still filed cases in state court alleging ADA violations and seeking injunctive relief, often hoping for more favorable procedural treatment than in federal court.

Implications for Businesses

This shift to state court filings has several important implications for business owners:

Increased Exposure

The availability of monetary damages in state court - in some states - increases the potential liability. Rather than facing only the cost of compliance and attorney's fees, litigants may now be liable for thousands of dollars in statutory damages per violation.

More Complex Defense Strategy

Defending ADA cases in state court requires attorneys who understand both federal ADA law and state-specific disability rights and consumer protection statutes. The interplay between these laws can be complex, requiring sophisticated legal analysis.

Varied Standards Across States

Because state laws differ significantly, the same accessibility issue may result in different outcomes depending on where your business is located. A violation in California of New York will carry different consequences than the same violation in Texas or Florida.

Removal Challenges

If you're sued in state court, your attorney may seek to remove the case to federal court. However, removal can be complicated when state law claims are included, and some cases may be remanded back to state court, adding time and legal costs to your defense.

Protecting Your Business

Given this evolving litigation landscape, business owners should take proactive steps:

1. Conduct Comprehensive Accessibility Audits: Evaluate your physical premises and

digital properties for ADA compliance. Address identified issues promptly to minimize litigation risk.

2. Understand State-Specific Requirements: Familiarize yourself with your state disability rights laws and how they interact with federal ADA requirements. State laws may impose additional obligations beyond the ADA.

3. Implement Accessibility Policies: Develop and maintain written policies demonstrating your commitment to accessibility and compliance with both federal and state laws.

4. Retain Experienced Legal Counsel: If you're sued, work with an ADA defense lawyer like Nolan Klein, who has specific experience defending ADA cases in both federal and state courts. The nuances of state court ADA litigation require specialized knowledge.

5. Document Compliance Efforts: Maintain records of all accessibility improvements, policies, and training. This documentation can be valuable in demonstrating good faith compliance efforts.

What This Means for Your ADA Defense

The shift toward state court ADA litigation isn't just a procedural change—it represents a fundamental evolution in how disability rights claims are being prosecuted. Business owners must adapt their compliance strategies and defense approaches accordingly.

When facing an ADA lawsuit in state court, you need legal representation that understands both the federal ADA framework and the specific state laws at issue. Your defense strategy must address the potential for monetary damages while also focusing on achieving compliance and resolving the underlying accessibility issues.

Working with experienced ADA defense attorneys, like Nolan Klein, can help you navigate this complex landscape, minimize your financial exposure, and develop practical solutions for achieving and maintaining compliance. The stakes are higher now that state courts offer expanded remedies, making professional legal guidance more critical than ever.

If you're facing an ADA lawsuit or want to proactively protect your business from accessibility claims, contact Law Offices of Nolan Klein, to assess your specific situation and develop a comprehensive compliance and defense strategy tailored to your jurisdiction's requirements.