Los Angeles remains a focal point for Americans with Disabilities Act (ADA) lawsuits, with claims targeting both physical barriers and digital inaccessibility of websites and mobile apps. California sees the highest number of ADA lawsuits filed each year compared to other states. The greater Los Angeles area in particular sees a very high number of the state's filings, driven by serial plaintiffs and firms seeking statutory damages under the Unruh Civil Rights Act and attorneys' fees under Unruh and the ADA.
Core Legal Framework: ADA Title III and California's Unruh Civil Rights Act
Title III of the ADA (42 U.S.C. ' 12181-12189) prohibits discrimination in "places of public accommodation," defined broadly to include hotels, restaurants, retail stores, and other common businesses offering goods or services to the public. Even older properties must at least remove architectural barriers when "readily achievable" (42 U.S.C. ' 12182(b)(2)), i.e., without undue difficulty or expense relative to the benefit. Newer construction and renovations bring a higher standard of compliance. It is a common misconception to believe the older properties are grandfathered in and do not need to comply with the ADA. Violations lead to injunctive relief (court orders to update the property) and attorney fees for the plaintiff under the ADA. Courts apply a nexus test in California: purely online businesses with no nexus to physical retail locations are not subject to the ADA (Martinez v. Cot'n Wash, Inc., 81 Cal. App. 5th 1026 (2022)). However, other jurisdictions hold otherwise, so a purely online business could be sued and held liable in certain other states.
California's Unruh Civil Rights Act (Cal. Civ. Code ' 51-52) incorporates ADA violations (Cal. Civ. Code ' 51(f)), allowing the additional recovery of statutory damages of at least $4,000 per occurrence. No pre-suit notice is required, although such a requirement has...
