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