Someone visits your property—not to dine, shop, or lease—but to find a violation. They measure ramp angles, inspect door widths, survey counter heights, and document anything that might fall outside ADA specifications.
Someone visits your website—not to shop, for information, or to make inquiry—but to find a violation. They run software to check for audio and visual compliance for the disabled. You may have relied on a third-party vendor to ensure compliance, but the standards change. You may be in a jurisdiction where the ADA does not apply to websites, but the visitor is.
This isn’t a customer. It’s a tester—hired by a law firm that files dozens (sometimes hundreds) of nearly identical lawsuits. And a few weeks later, you’re sued.
The complaint alleges noncompliance under the Americans with Disabilities Act and demands $20,000 or more to settle—regardless of whether anyone was truly denied access or harmed.
At Mandelbaum Barrett PC, we’ve successfully defended landlords and small business owners from these increasingly common claims—often resolving them efficiently and cost-effectively*. Please see below for additional information on ADA litigation and our many successes defending against these claims.
The Rise in ADA Litigation is Impossible to Ignore:
- 🧾 Most use the same boilerplate language, brought by repeat plaintiffs and law firms wholly irrelevant to the named defendants (e.g., lawsuits demanding handicapped parking spaces in New York City)
- 🖥️ Websites also are targeted, especially those relying on automated accessibility tools, by plaintiffs who often live thousands of miles away
- 🏢 Commercial landlords and small businesses are jointly named ◦ Plaintiff’s attorneys ignore the fact the buildings constructed before 1992, which have not undergone significant modification, are grandfathered in ◦ If tenants are unable to afford the cost of remediation, plaintiff’s attorneys demand production of confidential financial information, often including tax returns
🔍 Explore Our Recent ADA Casework and Results:
🔗 Circuit Split: Website ADA Compliance in Legal Limbo Featured in Law360, this article breaks down the federal circuit split on whether websites fall under the ADA—creating confusion and legal risk for businesses operating online. We explain what this means for owners facing conflicting court rulings across jurisdictions. Joshua S. Bauchner
🔗 How We Got a Baseless ADA Claim Dismissed Our client—a small business—was sued for alleged physical barriers by a plaintiff who had never visited the property. We moved quickly to challenge the claim’s legal sufficiency and had the case dismissed, saving the client thousands in legal fees and avoiding costly remediation. Boris Peyzner Joshua S. Bauchner
🔗 Our Landmark ADA Defense Win In this case, a serial plaintiff targeted a commercial property owner for minor, outdated accessibility features. Our team not only had the case dismissed, but also brought attention to the pattern of abusive filings. The result was a strong precedent for other property owners under similar threat. Joshua S. Bauchner
🔗 Strategic ADA Compliance Planning Rather than waiting for a lawsuit, we advise property owners to proactively evaluate and improve accessibility features. This article outlines practical steps owners can take to minimize legal exposure while maintaining safe, inclusive spaces. Joshua S. Bauchner
To reach Joshua S. Bauchner you can contact him at jbauchner@mblawfirm.com or call 973-607-1269.
*The information provided herein is for general informational purposes only and should not be construed as legal advice. Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated based on its own facts and circumstances. For legal advice tailored to your situation, please contact an attorney.