ADA LAWSUIT DEFENSE: COLORADO

DEFENDING BUSINESSES AGAINST COLORADO ADA LAWSUITS

800+ ADA LAWSUITS HANDLED &

18+ YEARS OF ADA LITIGATION &

100% ATTENTION TO YOUR CASE.

WATCH OUR ADA ATTORNEY DISCUSS ADA LAWSUITS ON 60 MINUTES WITH ANDERSON COOPER

EXPERIENCED ADA LAW FIRM FOCUSED ON DEFENDING AGAINST COLORADO ADA CASES.

For business owners and commercial landlords in Colorado, the receipt of an ADA lawsuit is a serious legal matter that demands immediate and strategic attention. The Americans with Disabilities Act (ADA) was enacted to ensure equal access for individuals with disabilities, but it has also spawned a cottage industry of litigation. "Serial plaintiffs"—individuals who file dozens or even hundreds of lawsuits—often target retail stores, restaurants, and hotels, alleging technical violations of Title III of the ADA.

The consequences of these lawsuits are significant. Beyond the cost of bringing a property into compliance, defendants are often liable for the plaintiff's attorney fees, which can amount to tens of thousands of dollars. Navigating this complex legal landscape requires specialized knowledge of both federal statutes and Colorado state laws regarding accessibility.

The Reality of ADA Litigation in Colorado

Title III of the ADA prohibits discrimination on the basis of disability in "places of public accommodation." This broad category includes virtually every business open to the public, from shopping centers in Denver to ski resorts in Aspen.

When a business is sued, the plaintiff is typically seeking injunctive relief—a court order requiring the business to fix the alleged violations—and the payment of their legal fees. Unlike some other states, Colorado law regarding damages can be complex, but the federal statute focuses heavily on remediation and legal costs. Ignoring a complaint is never a viable strategy; it often leads to a default judgment that is far more costly than a proactive defense.

Common Grounds for Claims

ADA lawsuits generally fall into two categories: physical access barriers and digital accessibility issues.

Physical Barriers

Architectural barriers are the most common trigger for litigation. Plaintiffs often cite highly technical violations that business owners may not even be aware of. Common allegations include:

Parking Lots: Excessive slopes in accessible parking spaces, lack of proper signage, or an insufficient number of van-accessible spots.
Entrances: Thresholds that are too high, door hardware that requires tight grasping, or heavy doors that exceed opening force limits.
Interiors: Aisles that are too narrow, service counters that are too high, or restrooms that lack proper grab bars and clear floor space.

Digital Accessibility

There has been a surge in lawsuits alleging that business websites are not compatible with screen-reading software used by the visually impaired. While the Department of Justice has not issued specific technical regulations for websites under the ADA, federal courts generally interpret Title III to apply to the digital presence of brick-and-mortar businesses.

Strategic Defenses for Colorado Business Owners

An experienced ADA defense attorney will evaluate the specific facts of your case to determine the most effective defense strategy. Simply settling immediately is not always the best course of action. Several legal defenses may be available to Colorado businesses.

Challenging Standing

A primary defense involves challenging the plaintiff's "standing" to sue. To have standing, a plaintiff must demonstrate that they visited the establishment, suffered an injury (encountered a barrier), and intend to return. If the plaintiff lives hundreds of miles away and has no genuine intent to return to your business, their standing may be challenged in court.

The "Readily Achievable" Standard

The ADA requires the removal of barriers only when it is "readily achievable," meaning it can be accomplished without much difficulty or expense. If a proposed modification would be structurally impossible or prohibitively expensive relative to the resources of the business, this defense can be utilized to limit liability.

The Mootness Doctrine

In some jurisdictions, if a business permanently fixes the alleged violation before the court rules on it, the claim for injunctive relief may become "moot." If the claim is moot, the court may dismiss the case, potentially eliminating the plaintiff's ability to recover attorney fees. This strategy requires swift and precise remediation efforts guided by legal counsel.

Securing Experienced Colorado ADA Counsel

General business attorneys may not possess the nuanced understanding of accessibility standards required to effectively defend against these claims. ADA defense is a niche field. Successfully navigating a lawsuit requires an attorney who understands the 2010 ADA Standards for Accessible Design, the nuances of federal court procedure, and the specific tactics used by serial plaintiffs.

Defense counsel will focus on limiting your financial exposure. This involves negotiating to minimize settlement amounts, ensuring that remediation requirements are reasonable and feasible, and vigorously defending against meritless claims.