ADA Litigation and the Business Imperative: A Defense Perspective

Strategic Advisory

ADA litigation continues to expand, especially in the area of Title III,where businesses are increasingly targeted over technical complianceissues—often with little consideration of intent or operational realities.

Having represented clients in federal cases like Bowman v. Kisan,I’ve seen firsthand how even well-meaning businesses can find themselves in thecrosshairs of opportunistic claims. In that matter, we successfully defended ahotel operator accused of non-compliance due to an ADA pool lift. Our teamdemonstrated that the property had addressed the concern before the lawsuit wasfiled, and the case was ultimately dismissed.

It’s a reminder that ADA compliance is not just a legal issue—it’s abusiness issue. At Patel Gaines, we approach these cases with a business-firstmindset, helping our clients mitigate risk while preserving operationalintegrity. Proactivity, documentation, and swift corrective action are oftenthe most powerful tools in a defense strategy.

The Federal Bar Association’s Access Denied CLE underscores thegrowing complexities in this field—from website accessibility to evolving DOJguidance—and reinforces what we already know: the legal landscape is changingfaster than many businesses can keep up with. That’s where the right legal partnermakes all the difference.