Pursuing Your Case in Federal or State Court
LITIGATING IN FEDERAL COURT...
A federal case usually begins once a document called a "complaint" is filed in federal Court. Once it is filed, the defendant (the business owner or landlord) receives a copy of that complaint along with instructions on how their attorney is to proceed. A business owner cannot defend their own business in court… they must hire an attorney who has been admitted to practice before the federal bar. Attorneys' fees can cost more than $500 per hour and there is no guarantee how long each case may take to reach a resolution. Some cases take years to be resolved.
THE EXPENSE OF FEDERAL LITIGATION
ADA legislation is known as "fee shifting legislation" as the attorneys fees (and costs) for the Plaintiff (the disabled person) are "shifted" to the defendant business or other entity to pay in addition to their own attorneys fees. This is an inducement for the disabled to bring a lawsuit which may eventually have a beneficial impact for many people other than the person initiating the lawsuit. Defending against and ADA case can quickly become very expensive as expert witnesses may be needed to verify or identify certain information necessary for the prosecution and or the defense of the case and as with attorneys fees, the Defendant business could be held liable for both parties fees and costs.
Defendants may also be required to produce information regarding their personal and business financial information such as Federal Income Tax Returns, State Income and Sales Tax Returns, cash register receipts, bank account information, and so on.
Many defendants (business owners or landlords) will either settle their case or will be Court Ordered to pay the Plaintiffs attorneys fees and costs when they did not settle. Cases litigated under the ADA can cost tens of thousands of dollars with some costing OVER one hundred thousand dollars. It is much less expensive to make sure your business is providing access as required by law.
Plaintiffs are required to show that there were “barriers to access” at the business being sued which can simply be a lack of ADA compliant handicapped parking, so it is important to document with photos what happened when you tried to patronize the business.
MEDIATE INSTEAD OF LITIGATE
It is usually preferable to mediate these cases to reach a resolution which is fair and equitable for everyone. Attorneys try hard to reach an out of court settlement which will be cost effective for a business and protect disability rights. Some businesses that do not understand the law or refuse to compromise on a resolution have to defend their position in court when they are sued.
The attorneys we work with are very talented, very ethical and committed to disability rights. They know they are serving the disabled and the community by prosecuting these cases and they are determined to make a difference for those who need the protections of the Americans with Disabilities Act. Litigation is an expensive alternative to mediation.