Articles

Blair, Clark Article Offers Guidance Regarding "Drive-By" Lawsuits over ADA Title III Rules

Articles / July 13, 2016

Partner Brian Blair and Counsel Eben Clark authored an article published in the April 20-May 3, 2016, issue of Colorado Real Estate Journal. The article, “Title III of ADA and the Drive-By Lawsuit,” examines Title III of the Americans with Disabilities Act (ADA). Blair and Clack explain the requirements of Title III and the filing of “drive-by” lawsuits based on very technical violations of the strict application of Title III standards. They write:

Lack of qualified professional support, coupled with misunderstanding of the law and applicable standards – such as application of new construction/alteration standards to pre-existing facilities – and misunderstanding of “readily achievable” or “acceptable tolerance levels,” often leads the target to settle these cases quickly, without adequate investigation, and for amounts above their value and beyond what is required.

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