4 New York: New York Sees Spike in Frivolous American With Disabilities Act Lawsuits, Report Claims

By: 4 New York Staff

New York has seen a spike in frivolous lawsuits filed under the Americans with Disabilities Act, a recently released report by a legal reform group says.

In the “Serial Plaintiffs: The Abuse of Title III” report, the Lawsuit Reform Alliance of New York maintains that the law meant to protect individuals with disabilities is being exploited by lawyers on the search for settlements.

The number of ADA Title III lawsuits filed in New York has increased each year, according to the report. In 2013, about 225 lawsuits were filed. In 2017, 1,023 ADA Title III lawsuits were filed in the state by more than 170 plaintiffs.

The federal American with Disabilities Act of 1990 prohibits individuals with disabilities from being discriminated against and aims to provide them with equal opportunities, full societal participation, independent living and economic self-sufficiency. ADA Title III calls for individuals with disabilities to not be discriminated against when it comes to the full and equal enjoyment of the goods, services, facilities or public accommodations.

“Lawyers are clearly driving this litigation. They are profiting from an important law that was enacted with admirable intentions. They sue schools, newspapers, and businesses of all sizes in the hopes of getting a quick settlement. They are not committed to removing barriers or guaranteeing access for all,” Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York said in a statement.

The report claims that problems exist with the current law since it attracts attorneys to collect fees and lawsuits to be brought with no notice of alleged violations. Other problems include the Department of Justice not clarifying the law and attorneys who seek settlements and not accessibility for their clients.