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<b><i>In the Spotlight:</i></b> Frustration with ADA Lawsuits
No matter what side they are on, those persons involved in disability access lawsuits have one thing in common ' frustration. People with disabilities are frustrated when they meet obstacles in parking, shopping or using a restroom because of the way a building has been built or designed. Landowners, and particularly shopping center owners, are frustrated by the number of frequent suits demanding big money and attorneys' fees. There is now a cottage industry surrounding the filing of ADA lawsuits that has spread from Florida and California to the rest of the country. If it is not in your town or your state, it will be soon. Many of these claims are being brought by serial litigants who work frequently with the same lawyers.
In almost every case, the first notice that the landowner, shopping center or other business entity has of the complaint is the filing of the federal lawsuit. Many of the cases are quickly settled, with the business owner paying less than $5,000 and agreeing to fix whatever was wrong. The ADA was passed during the administration of George H.W. Bush and he seemed to predict some of these unintended consequences.
However, Congress at the time did not wish to add bureaucracy to be required to enforce the law. Our courts also agree that enforcement could be handled through private lawsuits. Several bills seeking to remedy or reform the ADA have been proposed by Rep. Mark Foley (R-FL), but they have failed to clear committee. There is hope that perhaps Congress will consider some reasonable changes that will at the very least require notice to the landowner, and an opportunity to remedy within a reasonable time, before they are exposed to an arbitrarily filed federal lawsuit.
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