When a business fails to accommodate people with disabilities, it may be violating federal law. The Americans with Disabilities Act (ADA) requires businesses open to the public to be accessible to people with disabilities. If you’ve been denied access or faced barriers, you may have legal options.
Quick Answer
Yes, you can sue a business for violating Title III of the Americans with Disabilities Act (ADA) if it failed to provide accessible facilities or reasonable modifications for people with disabilities. Under federal law, you can obtain injunctive relief (requiring the business to fix the problem), but not monetary damages. However, many state laws—particularly California’s Unruh Act—allow monetary damages. You should consult with a disability rights attorney to understand your options.
What the ADA Requires
Title III: Public Accommodations
Title III of the ADA prohibits discrimination by “places of public accommodation”—businesses open to the public. This includes:
| Category | Examples |
|---|---|
| Retail | Stores, shopping centers, gas stations |
| Food service | Restaurants, bars, cafes |
| Lodging | Hotels, motels, inns |
| Entertainment | Theaters, stadiums, concert venues |
| Healthcare | Doctor’s offices, hospitals, pharmacies |
| Services | Banks, law offices, dry cleaners |
| Transportation | Bus stations, airports, rideshare services |
| Recreation | Gyms, parks, golf courses |
What Businesses Must Do
The ADA requires businesses to:
- Remove barriers in existing facilities when “readily achievable”
- Provide auxiliary aids for effective communication
- Make reasonable modifications to policies and procedures
- Build new facilities that are fully accessible
- Alter facilities to be accessible during renovations
Common ADA Violations
Physical Accessibility
- No wheelchair ramp or ramp too steep
- Doors too narrow for wheelchairs
- No accessible parking spaces
- Inaccessible restrooms
- No handrails or grab bars
- High counters without lowered sections
- Aisles too narrow for wheelchair navigation
- Stairs without elevator alternative
Communication Barriers
- No sign language interpreters when needed
- Inaccessible website for blind users
- No Braille or large print materials
- Videos without captions
- Staff unwilling to communicate in writing with deaf customers
Policy Failures
- Refusing to allow service animals
- Not allowing extra time for customers with disabilities
- Refusing to provide assistance when needed
- Treating disabled customers differently
Federal vs. State Law Remedies
Under Federal ADA (Title III)
If you sue under the federal ADA, you can obtain:
- Injunctive relief: Court order requiring the business to fix violations
- Attorney fees: If you prevail
- NO monetary damages: Federal law does not allow damage awards
Under State Laws
Many states have accessibility laws that provide monetary damages:
| State | Law | Damages |
|---|---|---|
| California | Unruh Civil Rights Act | Minimum $4,000 per violation + actual damages |
| New York | NY Human Rights Law | Compensatory and punitive damages |
| Florida | Florida Civil Rights Act | Compensatory damages |
| Texas | Texas Human Resources Code | Limited damages |
Department of Justice Enforcement
The DOJ can bring enforcement actions that result in:
- Civil penalties up to $75,000 (first violation)
- Civil penalties up to $150,000 (subsequent violations)
- Required corrective action
Website Accessibility
Are Websites Covered?
Courts increasingly find that websites of businesses with physical locations must be accessible under the ADA. The standard generally applied is the Web Content Accessibility Guidelines (WCAG) 2.1.
Common Website Violations
- Images without alt text for screen readers
- Videos without captions
- Poor color contrast
- Forms that can’t be navigated by keyboard
- PDF documents that aren’t accessible
Website Lawsuits
Website accessibility lawsuits have increased dramatically. Major companies including Domino’s, Netflix, and many retailers have faced ADA website lawsuits.
The “Readily Achievable” Standard
What It Means
Existing businesses must remove barriers when doing so is “readily achievable”—meaning it can be done without much difficulty or expense.
Factors Courts Consider
- Nature and cost of the modification
- Financial resources of the business
- Number of employees
- Type of business operations
- Impact on business operations
Priorities for Barrier Removal
- Getting in the door (entrances)
- Access to goods and services
- Access to restrooms
- Other accessibility measures
How to File an ADA Lawsuit
Option 1: File a Complaint with DOJ
You can file a complaint with the Department of Justice, which may investigate. However, this doesn’t give you personal remedies.
Option 2: File a Lawsuit
Under Title III, you can file a lawsuit directly without filing a government complaint first.
What You Need to Prove
- You have a disability under the ADA
- The defendant is a public accommodation
- You were denied full and equal enjoyment
- The denial was because of your disability
Statute of Limitations
Under federal law, you generally have 4 years to file a Title III lawsuit. State law deadlines may differ.
Standing: Do You Have the Right to Sue?
Deterrent Effect
To sue for injunctive relief, you must show you’re likely to encounter the violation again. Courts require showing:
- Intent to return to the business, OR
- The violation has a “deterrent effect” preventing you from visiting
The “Tester” Controversy
Some individuals visit businesses specifically to find ADA violations and file lawsuits. Courts are split on whether “testers” have standing, and some states have enacted laws to limit these lawsuits.
Service Animal Issues
Your Rights
Businesses must allow service animals (dogs, and in some cases miniature horses) that are trained to perform tasks for people with disabilities.
What Businesses Can Ask
Only two questions:
- Is this a service animal required because of a disability?
- What task is the animal trained to perform?
They cannot require documentation, ask about your disability, or require the animal to demonstrate tasks.
Common Violations
- Refusing entry with service animals
- Requiring documentation or certification
- Charging extra fees for service animals
- Asking invasive questions about disability
Frequently Asked Questions
Can I get money damages under the ADA?
Not under federal Title III, which only allows injunctive relief. However, state laws like California’s Unruh Act allow statutory and actual damages. Many ADA plaintiffs bring both federal and state claims.
What qualifies as a disability?
Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. This includes mobility impairments, blindness, deafness, chronic illnesses, and many other conditions.
Does the business have to know I’m disabled?
The business must be aware that you need an accommodation. For obvious disabilities (wheelchair use, blindness), awareness is presumed. For less visible disabilities, you may need to request accommodation.
What if the business says modifications are too expensive?
The “readily achievable” standard considers the business’s resources. Large corporations have less excuse than small businesses. However, if true modifications aren’t readily achievable, the business must provide alternatives.
Can I sue for discrimination even without physical barriers?
Yes. The ADA prohibits discrimination beyond just physical barriers. Refusing service, treating disabled customers differently, or failing to provide reasonable modifications all violate the law.
What about rideshare companies like Uber?
Rideshare companies and their drivers must comply with the ADA. Lawsuits have been filed over wheelchair-accessible vehicle availability and refusals to transport passengers with disabilities.
Before You Sue: Other Options
Request Accommodation
Sometimes businesses are unaware of issues. A written request for accommodation may resolve the problem.
File a Complaint
You can file complaints with:
- Department of Justice (federal)
- State civil rights agencies
- Local human rights commissions
Demand Letter
An attorney can send a demand letter giving the business opportunity to fix violations before litigation.
When to Contact a Lawyer
Consult a disability rights attorney if:
- You’ve been denied access to a business due to accessibility barriers
- Your service animal was refused entry
- A website you need to use is inaccessible
- You’ve been treated differently because of your disability
- A business refused to make reasonable modifications
- You want to understand your options under both federal and state law
Many disability rights attorneys take cases on contingency, especially where state law allows damage awards.
This article provides general information about ADA accessibility lawsuits in the United States. Laws vary by state and individual circumstances. Consult with a qualified disability rights attorney for advice specific to your situation.
