‘Drive-by’ ADA Claims Persist Despite Legal Adaptations

May 9, 2019

Small businesses throughout Minnesota are facing surprising claims that they have discriminated against persons with disabilities and violated the Americans with Disabilities Act (ADA), and successfully responding to these cases requires an up-to-date and knowledgeable defense plan.

 So-called “drive-by” ADA lawsuits have been on the rise for a few years, elevated most recently by two plaintiffs who have each filed more than 30 such cases. As Fox 9 reports, the plaintiffs typically sue a local business, alleging technical violations of the ADA, and quickly request a settlement payment.

 Minnesota’s courts and legislature have started to take notice, with the state recently passing a law requiring plaintiffs who sue for disability discrimination based on architectural barriers to provide notice to the owner and an opportunity to remedy any violations before commencing litigation. But plaintiffs and their attorneys have already adapted, often choosing to pursue claims in federal court where similar notice is not required.

 Lind Jensen attorneys have successfully defended and resolved these claims on behalf many clients and are consistently monitoring case developments in order to apply the most appropriate defenses based on the facts of each case.