Onslaught of ADA "Drive By" Lawsuits
The Americans with Disabilities Act was enacted in 1990 to improve access and equality for disabled Americans. However, the law’s integrity is being compromised by an onslaught of abusive “drive-by” lawsuits against small businesses for minor and correctable infractions/violations aimed at extracting settlements consisting mostly of attorneys’ fees.
See: http://www.restaurant.org/advocacy/ADA-Lawsuits
The ADA Education and Reform Act (introduced as H.R. 3765/S. 3446 in the 114th Congress) recognizes that alleged ADA access violations could be addressed more effectively with some narrow reforms. This legislation protects the rights of people with disabilities to file lawsuits and ensures they have full and proper access to businesses open to the public. But it restores the necessary balance to Title III litigation through a “notice and cure” provision. This would create a temporary pause in litigation for up to 120 days to allow property owners to correct identified barriers to access.
About Hospitality Matters Law Blog
The DD&M Hospitality Matters Law Blog examines topics and developments of interest to food and beverage groups and other restaurateurs, hotel owners and developers, and private equity and other investors active in the hospitality space, and others with an interest in recent legal and other developments concerning the hospitality space. This blog focuses on New York, but also includes developments from other jurisdictions.
Disclaimer
The Hospitality Matters Law Blog is made available by Danziger, Danziger & Muro, LLP for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Your use of this blog site alone creates no attorney client relationship between you and the firm. The Hospitality Matters Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Do not include confidential information in comments or other feedback or messages related to the Hospitality Matters Law Blog, as these are neither confidential nor secure methods of communicating with attorneys.
Contact Information
Learn more about the editor, Bradley Muro here, and our firms Hospitality and other practice areas at http://danziger.com/, or call 212.754.7000.