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ADA Lawsuit Reform

ICSC supports legislation to close the loophole in the federal law that has unintentionally produced “drive-by” ADA Title III lawsuits and adds safeguards that incentivize the remedy of alleged violations — without taking away the right to pursue “bad actors” who ignore compliance.

The Rise of “Drive-By” Lawsuits

“Drive-by” ADA Title III federal lawsuits are on the rise nationwide. The suits are aimed at private businesses open to the public. The main driver in these actions is forcing a monetary settlement consisting mainly of attorney’s fees that only benefit the attorney and do little to increase access.

A “cash for compliance” industry has emerged with certain plaintiff’s firms inspecting shopping centers, theaters, stores and restaurants in order to allege minor, easily-correctable ADA infractions, such as those relating to parking lot striping and signs, bathroom dispensers and ramps. In many instances, a single plaintiff has filed dozens, even hundreds, of cases across a geographic area alleging violations.

Many property owners reasonably believed their properties were ADA-compliant based on assurances by state or local inspectors and/or outside consultants. Despite the best efforts of some states to curb ADA lawsuit abuse through additional litigation protections (such as special rules in district courts) federal legislation is still needed.

ADA Lawsuit Reform Issue Brief

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ICSC Government Relations & Public Policy


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Legislative Action Center

As an informed and active constituent, you can play the most important role of all in shaping legislation.

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We are the only federally registered political action committee representing retail real estate industry interests.

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Key Contact Program

The Key Contact Program links ICSC members with Members of Congress to proactively drive the legislative process.

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U.S. & Canada Shopping Center Statistics

Shopping centers provide valuable goods, employment and sales tax revenue to communities. We have the insights.

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Request Amicus Curiae Briefs

You may request ICSC to file an amicus curiae brief, either independently or with others, in pending appeals on issues.

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With just a few clicks you can send a message to Congress on the issues that impact our industry.

Visit the Legislative Action Center