AMERICANS WITH DISABILITIES ACT (ADA)
LITIGATION DEFENSE
We have represented clients in approximately five hundred (500) lawsuits filed under the Americans with Disabilities Act and we have handled these cases at every stage from pre-suit resolution, through full trial on the merits of the case.
We are led by Nolan Klein, Esq. Mr. Klein has taught multiple classes on how to handle ADA cases (including a new class on ADA website cases), and has been called upon to discuss ADA and other legal issues by local and national news media, including Fox News, CNN, CBS, and others.
Examples of Our Success
We are not “all talk.” We have repeatedly been successful in representing our clients in these cases.
Real-world examples of our successes include:
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Representing shopping mall sued multiple times for violating ADA regulations and had taken remedial steps to comply with the law. We took the case to trial, resulting in a complete verdict for our client.
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Representing a national car wash chain to defend against ADA claims. After pressing the plaintiff to prove the existence of his disability, the plaintiff agreed to dismiss all claims and pay all attorney’s fees incurred by our client.
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Representing a development company to defend against ADA claims at a restaurant location that it owned. We established conclusively that no ADA violations were present, resulting in dismissal with prejudice.
What type of ADA case are you facing?
ADA Website Lawsuits
The ADA states that “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation . . .” This includes websites.
In recent years, a wave of ADA lawsuits have been filed against businesses that conduct commerce online where their website is not accessible to the visually impaired. Blind and visually impaired internet users who are disabled under the ADA have a number of options for “reading” their computer screens and using online commerce features. The most widely accepted website technical standards for compatibility with screen reading software is Version 2.0 of the Web Content Accessibility Guidelines, commonly known as WCAG 2.0. When implemented on a website, these guidelines make the website usable by individuals with visual impairments, and the guidelines have been adopted on the websites of many (if not most) major online retailers.
ADA Architectural Barrier Requirements
The Americans with Disabilities Act (ADA) requires that “places of public accommodation” make reasonable accommodations for individuals with disabilities, including compliance with very specific architectural requirements. The most common accommodations include installation of disabled parking spaces, restaurant seating, accessible bathrooms, ramps, and other such features needed to integrate the disabled.
The term “place of public accommodation” applies to a very wide variety of businesses, including:
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Inns, hotels, motels, and other places of lodging
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Restaurants, bars, and other food/drink establishments
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Auditoriums, convention centers, lecture halls, and other places of public gathering
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Gymnasiums, spas, bowling alleys, golf courses, and other place of exercise or recreation
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Theaters, concert halls, stadiums, and other place of exhibition or entertainment
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Bakeries, grocery stores, clothing stores, shopping centers, and other sales establishments
The law also applies equally to landlords and tenants, making each jointly liable for ADA violations that are present on the property. Tenants may be sued even though alleged violations are on property controlled by the landlord (for example, a parking lot), and landlords may be sued for alleged violations in a tenant space (for example, inaccessible restaurant seating). As a result, the business owner, and its landlord (the property owner) are almost always sued together in these cases.
Online Reservation System Cases
Hotels must ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as people who do not need accessible rooms. These regulations require that any means by which hotels take reservations must “[i]dentify and describe accessible features in the hotels and guest rooms [. . .] in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs.”
ADA Employment Claims
Equal rights for individuals with disabilities have come a long way in recent decades, which means employers should be vigilant about ensuring they comply with laws and regulations. Employers are expected to providereasonable accommodations to allow employees with disabilities to do their jobs. For example, a person in a wheelchair should be able to easily get to their desk and do their job, meaning there must be wheelchair ramps, elevators, and other accommodations as necessary. As another example, if a job that usually requires standing can just as easily be done from a seated position, that must be allowed for an employee who cannot stand due to a disability.
What to Do Next
If you're a business owner who's being challenged with an ADA lawsuit against you, don't hesitate. Call the Florida ADA rights defense lawyers at the Law Offices of Nolan Klein for a free legal consultation to discuss your case and the next steps to move forward.
ADA Source Materials:
Americans with Disabilities Act of 1990
1991 Americans with Disabilities Act Accessibility Guidelines
2010 Americans with Disabilities Act Accessibility Guidelines
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