1. What is the Americans with Disabilities Act (ADA)? What is a “predatory” ADA lawsuit?

C: ADA is a federal civil rights law which prohibits discrimination against persons with disabilities. It requires public accommodations to provide goods and services to people with disabilities on an equal basis with the rest of the general public.

F: ADA lawsuit occurs when a disabled plaintiff hires an attorney to file a lawsuit against the business alleging that the business in violation of the ADA.

2. Why ADA lawsuits most likely target minority-owned businesses and/or properties?

C: The filed ADA lawsuits focused on minority businesses because they are easier targets. Without sufficient knowledge how to fully comply with U.S. laws and to obtain technical & language assistances, most of them finally have to pay for a huge settlement.

F: The plaintiff's lawyer files the lawsuit because he is fairly certain he will not get much resistance from the group of defendants and will more than likely be able to secure a profitable settlement.

3. Whose responsibility is it for the ADA compliance, the property owner or the business owner? Why both are sued? Who should pay for what in settling/litigating the lawsuits, as well as bringing the building to compliance?

C: The ADA requires compliance from both property owner and business owner because the law deems both to be jointly and severally liable.

4. What are the low cost intermediate steps the business/property owners can do to prevent ADA lawsuits?

C: The best position to be in as an owner is to have the place of business (which the ADA refers to as "public accommodation") be in compliance to avoid being sued.  The first step is to know whether there are barriers at a business and how to remove the barriers to provide access for the disabled.  

F: I would encourage business owners to have their places surveyed or inspected by an expert.  There are Certified Access Specialists (CASp) who can work with owners to identify barriers and to develop a plan to remove barriers.

5. Where can we get more information and assistance about ADA?

Please contact:  

Office of Small Business (OSB) 

415.554.6134                                        www.sfosb.org

Office of Economic & Workforce Development (OEWD) 

415.554.6969                                        www.oewd.org