Congress passed the Americans with Disabilities Act (ADA) in 1990 to provide important protections for some of the most vulnerable Americans. Like other federal anti-discrimination laws, the ADA included a private right of action. And as has happened with many other laws that can be privately enforced, the ADA has seen its share of questionable lawsuits during its nearly three-decade history.
In recent years, the trickle of lawsuits has grown into a flood, with scores of actions alleging what are at best novel interpretations of the law and at worst blatantly baseless “drive-by” claims that seek a quick buck. Thankfully, courts are increasingly skeptical of plaintiffs’ lawyers’ attempts to broaden the ADA, and elected officials in some states are pushing back against legal shakedowns of small businesses. Continue reading “Federal Courts, State Governments Push Back Against Corrosive Disabilities Act Suits”