Abstract
The Americans with Disabilities Act of 1990 (ADA) created protections for individuals with disabilities by prohibiting discrimination and ensuring equal opportunity in the areas of employment, state and local government services? public accommodations, commercial facilities, and transportation. Since 2013, there has been a continuous surge in ADA litigation, specifically regarding Title III-Places of Public Accommodation. Entrepreneurial attorneys and lawsuit-friendly plaintiffs have combined forces to bring thousands of businesses, both large and small, into court over allegations of ADA violations. Known as "drive-by lawsuits," the number of these lawsuits that actually go to trial is dubious, though attorneys' fees are recoverable. The main goal of these lawsuits is to shake down businesses and strong-arm financial settlements under the guise of ADA compliance.
This Note addresses the need for courts to award sanctions against serial ADA plaintiffs and attorneys. Serial ADA lawsuits clog up the court system, hurt small businesses by coercing settlements to avoid litigation, and dilute the efficacy of well-meaning ADA lawsuits that seek to bring meaningful compliance. In Part II, this Note will briefly discuss the history of the ADA, examine Title III-Places of Public Accommodation, identify what constitutes a serial plaintiff, and explain the serial ADA litigation trend. In Part III, this Note will identify the importance of sanctions and the courts' reluctance to grant sanctions against serial ADA plaintiffs and their attorneys. In Part IV, this Note will argue for courts to award sanctions against serial ADA plaintiffs and their attorneys, as well as suggest potential solutions to stem the tide of serial ADA litigation.
Recommended Citation
Phoebe Joseph,
An Argument for Sanctions Against Serial Data Plaintiffs,
29 U. Fla. J.L. & Pub. Pol'y
193
(2019).
Available at: https://scholarship.law.ufl.edu/jlpp/vol29/iss2/12