ADA Racket in Memphis?

Lawsuit Raises ADA Questions

Four Oregon businesses have filed a class-action lawsuit alleging a nationwide "racket" of fraudulent disability claims. The businesses claim they were targeted for disability access violations under the Americans with Disabilities Act (ADA) and that two Tennessee-based law firms are involved in extorting money by filing fake ADA complaints.

This lawsuit highlights a concerning issue: the potential for misuse of the ADA, a law designed to protect the rights of people with disabilities. While the ADA is crucial for ensuring accessibility and preventing discrimination, these Oregon businesses claim that some entities are exploiting the law for financial gain.

The lawsuit mainly contends that the method of finding ADA violations was flawed and may have even used people with disabilities in the process. The complaints also stem from parking, and accessible routes outside the businesses. Violations that can be seen from the street or from computer mapping and not necessarily a complaint from a person with disabilities personally experiencing a barrier. 

The staff at DCM has had good conversations about peculiarities of the ADA. First, the ADA allows for recovery of attorney’s fees and costs, but people with disabilities who sue are not entitled to any monetary damages. The ADA as Civil Rights law does not have “ADA Police.” The law is to be enforced by private attorneys and the lawyers are awarded money, but many people do not see much enforcement and are not motivated to sue over the daily violations that they see. 

What does this mean for the disability community?

It's important to remember that this lawsuit is about alleged fraud. The ADA remains a vital piece of legislation that protects individuals with disabilities from discrimination. Disability Connection Midsouth remains committed to advocating for the rights and inclusion of people with disabilities and ensuring legitimate ADA claims are addressed.

This case does, however, raise awareness about the importance of understanding your rights and responsibilities under the ADA, both as a person with a disability and as a business owner.

Resources:

• For more information on the ADA, visit the ADA National Network.

• If you believe you have experienced ADA discrimination, you can find resources and file a complaint through the Department of Justice.

• For local resources and support, contact Disability Connection Midsouth.