ADA Compliance Litigation
The Americans with Disabilities Act of 1990 (ADA) prohibits a broad range of discriminatory action on the basis of disability. The law creates special protections for one in five, or 56.7 million* Americans, who can be considered disabled. Though the law was intended to ensure equal opportunity for the most vulnerable Americans, some see ADA litigation as a path to easy money. Instances include so-called “serial plaintiffs,” single individuals who have filed as many as 80-500 lawsuits, and “drive-by lawsuits,” involving “stacked” claims, such as a plaintiff who sought $120,000 for attempting to visit the same California establishment 30 times (compounding a penalty, under the California Unruh Civil Rights Act, of $4,000 per accessibility violation).**
The ADA Compliance Litigation Team at Manning & Kass is led by the managing partner of our Orange County office, Brian T. Moss. Mr. Moss has won successful ADA defense verdicts in jury trial, something not many can claim. He also holds an AV Preeminent® rating from Martindale-Hubbell, the highest an attorney can receive for legal quality and ethics. Our team consists of attorneys in each of the firm’s locations who defend against ADA claims including Title I employment, Title II state & local government, and Title III public accommodation & commercial facilities claims.
We defend against Title I claims, including: failure to provide reasonable accommodation or promote, failure to provide training to employees on ADA requirements, forced retirement, violation the ADA’s non-retaliation prohibition, and wrongful termination. The Manning & Kass team approach encourages cross-disciplinary collaboration where appropriate and finding the right attorney for every individual case. In Title I claims, our ADA Compliance Litigation Team benefits from our Employment Law Team’s expertise in representing employers.
We have a strong track record of representing cities, counties, municipalities, and states, which makes us uniquely qualified to defend against Title II claims. In these matters, our ADA Compliance Litigation Team works with members of our Governmental Entity Liability and School Civil Liability Teams, who have deep understanding of these clients’ administrative practices, culture and social commitment.
Additionally, our firm’s history and longstanding practice establishes our expertise in retail, restaurant, hospitality, sports, recreation, and even amusement park attractions law. Our strong foundation in these areas provides additional resources with which we defend hospitals, hotels, restaurants, retailers, sports and entertainment venues, transportation companies, and businesses small and large against a wide range of Title III public accommodations & commercial facilities claims, including allegations pertaining to:
• accessibility of common areas, entryways and exits;
• equal access for individuals accompanied by service animals;
• removal of architectural barriers;
• maintenance of wheelchair lifts;
• parking spots and signage;
• provision of auxiliary aids and services; and
• Section 504.
In addition to defense litigation, we also offer ADA compliance counseling to employers, organizations, premises owners, and construction companies to protect clients from ADA claims exposure from a proactive standpoint.
**Source: California Chamber of Commerce, 2014