Defense of
Title III ADA Claims

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country attempting to provide some defense to beleaguered businesses.

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What is Title III ADA Claims?

The law authorizes qualified experts to inspect places of public accommodation for American with Disabilities Act-compliance purposes and issue a certificate of conformity or develop a remediation plan for the owners. The owners would file the certificate or plan with the Department of Business and Professional Regulation, which would serve as notice to the public of compliance with the ADA.

Title III of the American with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities. Practically all types of businesses that serve the public are covered by Title III. These include restaurants, hotels, theaters, convention centers, doctors’ offices, retail stores, museums, libraries, private schools, health spas, and day care centers. This is the case regardless of the size of the business.

Under the ADA, a plaintiff alleging a business has failed to make the modifications necessary to remove barriers to access can seek only injunctive, or non-monetary, relief. In addition, the ADA allows an award of attorney’s fees to successful plaintiffs. Attorney’s fees, costs, expert fees, and litigation expenses can quickly amount to thousands of dollars.

If you are in need of defense for title III ADA claims please contact us at (561) 361-6800.