ADA lawsuits decrease due to COVID lockdowns
ADA Title III actions against stores, restaurants, or other small businesses have declined over the past six months. Closures in businesses due to the pandemic have understandably resulted in fewer Americans with Disabilities Act cases.
ADA Title III cases are designed to address the accessibility (or lack thereof) of disabled persons in public spaces. On July 26th, 2020, the law turned thirty years old. Although this milestone brought attention to the ADA law’s impact, the Federal Courts saw fewer cases year-to-date than in 2019.
Most ADA defense lawyers, including myself, anticipate that case filings will quickly rebound. New York, California, and Florida lead the country in Americans with Disabilities Act litigation. As these States’ lockdowns are lifted, I anticipate that Plaintiff’s lawyers will compensate for the lost time. Analysts think the annual decrease in these types of lawsuits will be down only ten (10%) percent by the end of the year. Any small business owner who operates a space considered a place of public accommodation should be mindful of these risks. The deadlines to respond in Federal Court are tight. Someone served with a summons and complaint should consult an ADA defense lawyer promptly.
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