Retailers, restaurants, and other businesses are increasingly becoming targets of a growing number of Americans with Disabilities Act (ADA) lawsuits. While the underlying purpose of these lawsuits—ensuring accessibility for individuals with disabilities—is valid, many claims may be exaggerated or fraudulent.
Recently, U.S. District Judge Sterling Johnson Jr. issued a stern warning to two ADA plaintiffs’ attorneys, emphasizing that abuse of the Act and baseless claims would not be tolerated. There has been a rising trend of lawyers filing lawsuits against restaurants and other businesses for ADA violations. For example, plaintiff’s lawyers file some lawsuits due to narrow aisles or steep entry ramps. While the challenges faced by people with disabilities are genuine, the issue with some of these lawsuits lies in the strikingly similar language used in each case. The judge referred to this language as “virtually boilerplate.”
Certain ADA lawyers appear to mass-produce these ADA lawsuits without conducting thorough investigations or research. Federal law requires restaurants and other businesses to provide reasonable accommodations for individuals with disabilities. However, in the cases filed by the two attorneys in question, the claims were so identical that they were indistinguishable. This was except for the copied-and-pasted names of the plaintiffs and defendants. Despite such abuses, the Wright Law Firm remains committed to diligently defending ADA lawsuits.
In one particularly egregious instance, the plaintiffs’ attorneys filed a violation for an improperly-outfitted bathroom in a sandwich shop. Later, the judge discovered that the establishment did not even have a bathroom.
Phantom Plaintiffs in ADA Lawsuits
In a recent case, lawsuits were filed on behalf of a man who the lawyers claimed was an Irish citizen using a wheelchair. However, the plaintiff never appeared at any court hearings, and the lawyers were unable to provide his phone number. They eventually informed the judge that he had permanently relocated to Ireland. This led the judge to question the man’s existence altogether.
In two of the most questionable cases, a Brooklyn federal judge criticized the plaintiffs’ counsel, stating that their claims were, at best, disingenuous and, at worst, potentially in violation of professional conduct standards. The judge then took the extraordinary step of ordering the two attorneys to cease filing such lawsuits. The Wright Law Firm’s success in defending ADA lawsuits can be attributed to the respect it has earned from other attorneys in the field. These attorneys recognize the firm’s integrity regardless of which side it represents.
For places of public accommodation, such as restaurants and retail stores, this serves as a clear warning: failure to comply with ADA regulations may result in a lawyer willing to make a federal case out of it.
The Wright Law Firm is a business law firm located in Midtown Manhattan. Call (212) 619-1500 for a confidential consultation.