Private Enforcement of the Americans With Disabilities Act via Serial Litigation: Abusive or Commendable?

Title III of the Americans with Disabilities Act ( ADA ) was developed to provide disabled persons with access to public businesses, buildings, and other accommodations. For a variety of reasons, very few public accommodations comply with the detailed accessibility standards imposed by Title III. As a result a cottage industry has developed of private plaintiffs suing for accessibility. This Note discusses the proliferation of these suits, especially by so called serial plaintiffs who file hundreds of lawsuits per year. A history of legislative attempts to curtail these suits is provided as well as suggestions for future legislative efforts that will both protect small business from drive-by lawsuits and increase compliance with Title III of the ADA