For the third year in a row ADA Title III federal lawsuits topped 10,000, and 2020 was despite the Covid 19 pandemic. This information was posted in an article by Minh Vu, Kristina Launey, and Susan Ryan at Seyfarth Shaw.

According to the article the 2020 federal numbers (10,982) were down less than 1% from 2019. The decrease may have been caused by:

• people adjusting to working from home

• parents busy overseeing children during the work day and not having time to consider or pursue a lawsuit

• the shock of the pandemic

• concern about loss of employment

• reduced or lost income

• courts were closed or cases delayed due to the pandemic

Despite the effects of the pandemic for much of 2020, this is still quite a large number of federal lawsuits. See the table below. This article and these numbers do not include the significant number of disability access lawsuits filed in state courts which are more difficult to accurately track.

Lawsuits in April and May 2020 were down most significantly (572 and 538 respectively), which ultimately led to the overall reduction in the number of cases filed in 2020 as compared to 2019. The decline in the months of April and May then rebounded quickly in June, with 857 filings. See the chart below.

These numbers include Title III lawsuits filed on all grounds — physical facilities, websites and mobile applications, service animals, Braille Gift cards, sign language interpreters, mask-wearing requirements, hotel reservations websites, and more. 

As is normally the case, California had the most federal filings, followed by New York and Florida. Florida had the lowest number of filings since 2013. See the chart below.

Texas and Georgia rounded out the top five, with 285 and 240 filings, respectively. Texas regained 4th place from Georgia, increasing from 239 to 285 filings in 2020. Georgia decreased slightly in 2020 from 243 to 240. See the table below.

This year, 2021, is shaping up to be a very busy year.  In January 2021, 1,108 federal cases were filed – the most ever in a single month.  To provide some perspective, in 2013, there were 2,722 federal filings across the nation for the entire year.  If the filings continue at their current rate, 2021 will be another record-breaking year for ADA Title III filings in federal court.

SUMMARY

Despite the pandemic of 2020, for the third year in a row ADA Title III federal lawsuits topped 10,000 nationwide. In January 2021, 1,108 federal cases were filed – the most ever in a single month! Complacency is a common cause for ADA lawsuits. Ignorance is no excuse. Owners, operators and tenants of Title III public accommodations and commercial facilities must comply with the ADA laws. The same is true for facilities that must comply with ABA or FHA laws. Failure to do so may add your case to the list of federal lawsuits for 2021.

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If you observe a facility or entity that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.