Pre-Emptive Strike to ADA Claims are Coming Your Way!

By: Randy Goldberg

I previously wrote an article about the plague of “ADA Testers” infiltrating our businesses and medical practices with non-sensical claims of ADA non-compliance.  Don’t get me wrong, I fully support the need for ADA compliance and providing access to persons with disabilities.  When I was a police officer, I loved to write tickets for people who were parked in handicapped spots when they were not authorized to do so by law.  Such conduct by these disrespectful individuals, was like sticking up a middle finger to persons with disabilities.  However, there needs to be a way of addressing ADA compliance without allowing self-serving cannibalistic attorneys and professional plaintiffs from profiting from their cottage industry.

The Florida legislature has taken steps to do just that.  As of July 2017, after the enactment of Florida Statute §553.5141, there is a mechanism in place to allow owners of “places of public accommodations” (i.e. businesses and medical offices that are open to the public)[1] to take a pre-emptive strike against such claims.  Continue reading

Doctors: An ADA Claim Could be Coming Your Way!

By: Randy Goldberg

Title III of the American with Disabilities Act (“ADA”) prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards.  The ADA “is a testament to this country’s effort to protect some of its most vulnerable citizens” – the disabled.[1]  I don’t believe that anyone would disagree with the ADA’s intent and purpose.  However, once you bring attorneys into the mix, what was intended to provide access to all citizens has become a cottage industry of generating frivolous lawsuits in order to generate income for unscrupulous attorneys and professional plaintiffs.  The ADA permits courts to award attorneys’ fees to a prevailing party.Continue reading