Three Quick Strategic Responses to Title III ADA Class Action Claims
Lane Powell Shareholder D. Michael Reilly authored an article titled “Three Quick Strategic Responses to Title III ADA Class Action Claims.” In the article, Reilly discussed Title III of the Americans with Disabilities Act (ADA), which prohibits public accommodations (including retailers, mall owners and restaurants) from discriminating against individuals with disabilities and requires them to be designed, built and altered in compliance with standards set forth in the ADA Title III Technical Assistance Manual. He also discussed three approaches for resolving these class action claims quickly.
Many of the cases we are handling assert nationwide class action claims. We have found a number of approaches that may resolve these claims quickly. Here are a few of the strategic approaches that can help alleviate these claims.
1) Determine “Ownership/Control” of the Sites Identified in the Class Action Complaint. In many of the class action claims we are handling, the complainants take a “shoot first and aim later” approach. They name defendants who do not own or control the property at issue. Start by reviewing the clients’ leases to determine if plaintiffs’ counsel has sued the wrong entity. Defendants who do not own or control a particular property will generally be immune from ADA liability.