Labor & Employment

ADA Title III and Public Access

Wherever the public goes for goods and services, liability under the Americans with Disabilities Act may follow.

Quarles & Brady helps businesses manage the risk of incurring such liability in two distinct ways. First, we guide them in conforming their physical properties, services, and websites to the accessibility requirements of Title III of the ADA and other federal and state disability laws. In this proactive effort, we apply our well-honed business sense, backed by our extensive legal knowledge, to help businesses efficiently and effectively provide accessibility despite the ever-evolving standards.

For clients with brick and mortar operations—whether a single office or hundreds of retail outlets—we design programs that address their most likely sources of risk and minimize their overall Title III exposure. Quarles & Brady has a highly successful record of matching clients with experts and vendors to cost-effectively identify potential issues and achieve compliance.

Second, because this is an area that attracts voluminous claims, Quarles & Brady routinely defends and resolves public access disputes. Many factors make accessibility a fertile ground for lawsuits: the myriad features of a public space that can give rise to arguable accessibility claims; state statutes that award plaintiffs with attorneys’ fees and statutory damages in some jurisdictions; and the ease with which plaintiffs’ lawyers and their “experts” can scout locations for “drive-by” or “surf-by” lawsuits. We have extensive experience favorably resolving claims from the most frivolous to extremely consequential. Our strategies are deeply informed by that experience, including our awareness of the public relations risks that can accompany the aggressive defense of accessibility claims by disabled customers.