Private Enforcement of the Americans With Disabilities Act via Serial Litigation: Abusive or Commendable?

Private Enforcement of the Americans With Disabilities Act via Serial Litigation: Abusive or Commendable?

Carri Becker

Title III of the Americans with Disabilities Act ("ADA") was developed to provide disabled persons with access to public businesses, buildings, and other accommodations. For a variety of reasons, very few public accommodations comply with the detailed accessibility standards imposed by Title III. As a result a cottage industry has developed of private plaintiffs suing for accessibility. This Note discusses the proliferation of these suits, especially by so called serial plaintiffs who file hundreds of lawsuits per year. A history of legislative attempts to curtail these suits is provided as well as suggestions for future legislative efforts that will both protect small business from "drive-by lawsuits" and increase compliance with Title III of the ADA.

Hastings Women's Law Journal

2006

PDF

Carri Becker, Private Enforcement of the Americans With Disabilities Act via Serial Litigation: Abusive or Commendable?, 17 Hastings Women's L.J. 93 (2006). https://repository.uclawsf.edu/hwlj/vol17/iss1/5

English