A woman adjusts the mirror of her car in a parking lot. Getty Images
Long Beach, California, attorney John Coates is not someone you want to hear from if you own a commercial property that has public parking, for example.
There’s nothing wrong with Coates, he’s actually a nice guy and a top notch attorney, but a letter from him spells bad news. “You were sued in federal court – not by me, but by a law firm that specializes in violating the Americans with Disabilities Act, and in your case something incredibly small.” My client received one such letter from Coates, who Offers its services to property owners sued for violations of the ADA and receives notifications of services overseeing court records.
You’re probably wondering, “So what did your customer do to get a letter like this?”
Now, put on your seat belt for a wild ride, but a little history first, as Coates recounts:
“What the United States Congress and President George HW Bush achieved on July 26, 1990 cost innocent homeowners millions of dollars in fines and legal fees – paid to attorneys who file hundreds of thousands of lawsuits – most of them petty, ridiculous , and do nothing to promote the ADA’s access goals, but rather turn these lawyers into multimillionaires.
“Before signing the law, Bush was warned that the ADA was vague, costly, and would lead to an explosion of litigation. His answer? ‘The legislation has been carefully drafted to give the business community a clear direction.’ “
Coates references a 2018 article in the University of Baltimore’s Journal of Land and Development entitled “ADA Regulatory Compliance: How the Americans with Disabilities Act Affects Small Businesses.” It states:
“For all of their noble purposes, the ADA is a license for lawyers to print money at the expense of small business owners.”
Got slope?
Do you already know the term parking lot slope? Neither did I until my client was sued, but according to the National Association of Truck Stop Owners, a staggering 95% of all ADA suits contain a parking problem.
The story goes on
“Disabled parking spaces and aisles cannot slope more than 2.08% in any direction,” says Coates. “This means that for every 50 inches of horizontal change, there is only 1 inch of vertical change possible, because you don’t want to have too steep inclines for a person in a wheelchair to roll away too quickly and be injured.
“However, this is (almost) impossible to guarantee, since the natural settlement of parking spaces, small earthquakes and the weight of the vehicles alone constantly affect the slope.”
I bet you’re thinking, “How can something as invisible as the tilt of a parking lot lead to the property owner being sued for an ADA violation?
“These law firms hire people to walk around town with an inclinometer,” says Coates, “looking for handicapped parking spaces that are beyond the ADA line. In all of the cases I have seen, there have been no reports of injuries due to a breach of the slope. “
If You Are Sued, What Should You Do?
One of the most unfair things about the ADA is that you can be sued without ever receiving notification that you are violating the rules and giving you the opportunity to fix the situation in advance.
Also, because the majority of these lawsuits are filed in federal courts, the plaintiff is automatically entitled to several thousand dollars in attorney’s fees. In fact, many small businesses have had to close their doors over technical but innocuous ADA claims from attorneys that judges routinely label as unethical.
So what should you do if you are served with a lawsuit or notified that a lawsuit has been filed against your company?
Coates outlines these important steps:
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Contact an experienced Certified Access Specialist (CASp) inspector to find out if you are actually breaching the breach.
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If so, don’t waste your money on the lawsuit! We refer to these violations as strict liability, which is like a parking ticket. If you are 1 mph over the limit you are guilty.
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Most likely, you will receive letters from lawyers representing defendants. Don’t just hire the first person to contact you! Instead, ask, “What will this cost me?”
If the CASp inspector gave you the bad news and the lawyer can’t give you a solid number or says, “I think we can defend this,” RUN! Talk to another lawyer because there are way too many lawyers out there who want to milk their clients! In fighting these cases, you will be spending far more than you would on handling it.
How can I minimize the likelihood of a lawsuit?
Coates recommends that all commercial property owners undergo a CASp inspection so they can identify and resolve potential problems.
“But neglect of property is also an invitation to be sued,” he notes, adding, “For example, sue me doesn’t say anything but look at your disabled signs. If you don’t have all three signs or stickers, beg someone to come in and look for more problems. “
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