Private plaintiffs may seek injunctive relief, attorney’s fees (plus costs), but not monetary damages under the Americans with Disabilities Act. A small number of serial, professional plaintiffs have started to bring “get-money-quick” lawsuits to try to get attorney’s fees. The threat of legal fees exceeding liability has led to an increase in the number of these lawsuits. The phenomenon was explained by a Central District judge in California:
- It is quite simple. An unscrupulous law office sends a disabled person to as many businesses possible in order to aggressively seek out violations of the ADA.
- Instead of simply informing businesses about violations and trying to resolve the matter through voluntary compliance and conciliation, a lawsuit is filed.
In addition, California’s Unruh Civil Rights Act as well as the California Disabled Persons Act provide private rights to state law for ADA violations. These acts allow plaintiffs to recover monetary damages.
Reasoning of the District Court for its Award Reduction
The district court first acknowledged the experience of the attorneys and explained:
These relatively simple ADA actions usually include boilerplate filings, and rarely deal with complex legal issues or require any factual discovery. Plaintiff’s counsel appears to have involved two partner-level lawyers for tasks that could be performed by paralegals, low level associates at significantly lower rates, and legal review.
Summarized from an article Eanet.
