publication . Preprint . Other literature type . 2018

Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities

Helia Garrido Hull;
  • Published: 18 Mar 2018
Abstract
<p>Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 2. The Americans with Disabilities Act (“ADA”) is recognized as one of the most significant pieces of civil rights legislation in American history and is aimed at protecting the rights of individuals with disabilities. Unfortunately, as the ADA has developed, some attorneys have exposed methods of exploiting the provisions of the ADA for personal, pecuniary benefits—fee-driven lawsuits for violations of plaintiff-friendly provisions of Title III of the ADA. As a result of this exploitation, record numbers of Title III disability cases are being filed by a small group of plaintiffs and attorn...
Subjects
ACM Computing Classification System: ComputingMilieux_LEGALASPECTSOFCOMPUTINGComputingMilieux_COMPUTERSANDSOCIETY
free text keywords: bepress|Law, bepress|Law|Disability Law, bepress|Law|Litigation, LawArXiv|Law, LawArXiv|Law|Disability Law, LawArXiv|Law|Litigation, Litigation, Law, Disability Law
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Other literature type . 2018
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Preprint . 2018
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150 references, page 1 of 10

5 28 C.F.R. § 35 (2015); ADA.GOV, supra note 2; see also 42 U.S.C. § 12182(a) (2012) (“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”).

6 ADA.GOV, supra note 2.

7 See id.

8 Amy Shipley & John Maines, South Florida Leads Nation in Controversial Disability Lawsuits, SUN SENTINEL (Jan. 11, 2014), http://articles.sun-sentinel.com/2014-01-11/news/fldisability-lawsuits-strike-sf-20140112_1_plaintiffs-attorneys-lawsuits.

9 Michael Waterstone, The Untold Story of the Rest of the Americans with Disabilities Act, 58 VAND. L. REV. 1807, 1826-27 (2005) (“According to an ABA study in 2003, Title I cases had defendants win 97.3% of the time. Titles II and III appear to be more pro-plaintiff.”).

10 Rodriguez v. Investco, L.L.C., 305 F. Supp. 2d 1278, 1280-82 (M.D. Fla. 2004); see also Shipley & Maines, supra note 8.

11 Molski v. Mandarin Touch Rest., 347 F. Supp. 2d 860, 862-63 (C.D. Cal. 2004).

12 Id. at 862 (citing Investco, 305 F. Supp. 2d at 1280-81).

13 Id. at 862-63.

14 Minh N. Vu & Susan Ryan, ADA Title III Lawsuits Surge by More than 63%, to Over 4400, In 2014, SEYFARTH SHAW (Apr. 9, 2015), http://www.adatitleiii.com/2015/04/ada-titleiii-lawsuits-surge-by-more-than-63-to-over-4400-in-2014/.

15 Minh Vu et al., ADA Title III Lawsuit Numbers Hold Steady for First Half of 2015, SEYFARTH SHAW (Nov. 6, 2015), http://www.adatitleiii.com/2015/11/ada-title-iii-lawsuit-num bers-hold-steady-for-first-half-of-2015/.

16 Id.

17 Shipley & Maines, supra note 8.

18 Id. (“'About 80 percent of the [businesses] don't ever do the changes or do a minimal amount of changes, and that defeats the whole purpose of the ADA,' said Bob Cohen, the head of Access for the Disabled, a not-for-profit in Coral Springs that has been a party in more than 375 such lawsuits.”).

19 Id. (“One Palm Beach restaurant owner confided to the Sun Sentinel that he agreed in a settlement to pay more than $12,000 in plaintiff's attorney's fees, but didn't have enough cash after forking over those costs to fix all of the violations in his establishment. The owner declined to be named. So far, he said, nobody's come back to check.”).

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publication . Preprint . Other literature type . 2018

Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities

Helia Garrido Hull;