Over the next few weeks, we will be sharing guest posts from our member firms with the Florida Law Alliance, who will be producing an employment law conference on November 10, 2017, at the Sonesta Fort Lauderdale Beach Hotel.
Today’s post is from Craig Salner, a partner at the Clarke Silverglate law firm in Miami:
Most South Florida practitioners are familiar with the barrage of recent lawsuits against places of public accommodation challenging their equal accessibility for the disabled. The Americans with Disabilities Act (“ADA”), a statute more known for its ban on disability discrimination in the workplace, has a section known as “Title III” which requires places of public accommodation to provide equal access to persons with disabilities. ADA Title III requirements typically have been applied to components of a business’s physical structure – appropriate linking of the parking lot to the adjacent sidewalk, sufficient main floor space for a wheelchair-bound patron to ambulate between and around aisles, bathrooms with sufficient space to maneuver with reachable soap and paper dispensers, etc.
Successful ADA Title III litigants are entitled to injunctive relief (i.e., the accessibility flaws must be remedied) plus attorney’s fees. Despite the lack of monetary damages available to litigants, ADA Title III litigation has spiked in South Florida with the emergence of certain serial “tester” plaintiffs – specific individuals claiming to test places of public accommodation for ADA Title III compliance and suing in instances of alleged non-compliance. Title III ADA lawsuits have nearly tripled nationwide in the last three years, rising from 2,722 in 2013 to 6,601 in 2016, including a 37 percent increase from 2015 to 2016. Florida is second only to California in the number of 2016 filings.