FLORIDA AND FEDERAL ADA LITIGATION DEFENSE (AMERICANS WITH DISABILITIES ACT)
We represent Florida businesses when they are sued for alleged violations of the ADA (“Americans with Disabilities Act”) laws. A lawsuit can be brought against a business by a private litigant, a “professional litigant”, or the U.S. Department of Justice. The ADA is one of the great pieces of contemporary American legislation, which affects all of us in one way or another. It is, at core, a great emblem of our country’s never-ending pursuit of true equality among all our citizens.
The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
ADA cases are generally brought in federal court. For those businesses operating or headquartered in the South Florida area, this means the U.S. District Court for the Southern District of Florida. When our clients find themselves served with a lawsuit for alleged violations of the ADA, or as the subject of a federal agency investigating a potential ADA violation, our goal is to rapidly determine the merits of the case, determine whether any affirmative defenses exist under ADA law which would exempt our client from ADA compliance, counsel our client on the means to achieve ADA compliance if practicable, and achieve settlement or disposition of the case as cost effectively and expeditiously as possible.
A Florida business can find itself the subject of an ADA lawsuit or investigation without knowing that it is violating the law. These laws are complex and it is not always readily apparent that a certain business practice is inherently discriminatory or can have a discriminatory result on disabled persons. Many times, it is not the business directly which is causing, or responsible to correct, the ADA violation, but a third-party, such as a landlord who is ultimately responsible for these matters.