In recent years, lawsuits based on alleged technical violations of the Americans with Disabilities Act (ADA), California’s Unruh Civil Rights Act, and Disabled Persons Act have flooded state and federal courts. Many of these cases are not being filed because barriers to access exist or to enforce the spirit and purpose of the law but, rather, because these laws provide for penalties and attorneys’ fees.
Weintraub Tobin attorneys focus on helping owners and operators of public accommodations create strategies to limit exposure to these lawsuits. Experienced transactional attorneys work with clients to ensure that during the negotiation of real estate sales and/or lease agreements, the documents address disability access issues and the allocation of responsibility between the parties in the event that repairs are necessary or a lawsuit is filed.
Our attorneys are well-versed in the legal standards set forth by state and federal disability access laws and we have a vast network of compliance consultants and experts. The knowledge of our attorneys and the relationships with compliance experts help owners and operators of public accommodations comply with the requirements of state and federal disability access laws and avoid litigation.
In cases where litigation cannot be avoided, our attorneys have extensive experience defending owners and operators in various types of ADA and disability access lawsuits. We are familiar with the practices of well-known ADA plaintiffs and their attorneys throughout California and can aid owners and operators in successfully defending cases brought by them.
We work closely with clients and consultants to ensure compliance and to resolve cases in a prompt and cost-effective manner. However, we are also experienced in defending these cases at trial when a land or business owner decides to try the case rather than settle it.