ADA Restaurant Website Surfing Suits on the Rise

For the past several years, we have seen a steep increase in litigation in the hospitality industry brought under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of buildings, bathrooms and parking lots do not comply with the Act’s detailed regulations for building standards. Title III requires private businesses toaccommodate disabled patrons who visit their property by removing barriers to their goods and services, if such removal would be “readily achievable.” Readily achievable means the barrier removal is easily accomplishable and is able to be carried out without much difficulty or expense. This is generally determined by looking at the nature and cost of barrier removal in context of the financial resources of the business.

Some plaintiffs’ lawyers have found a lucrative niche with this litigation, engaging the services of “testers” who are private citizens that go from business to business looking for ADA…