The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against any qualified individual with a disability. The ADA mandates equal opportunity and access for persons with disabilities in the following areas: 1) Title 1, Employment (42 USC §12111 et seq.); 2) Title II (A), Public Entities (42 USC §12131 et seq.); 3) Title II (B), Public Transportation (42 USC §12141 et seq.); and 4) Title III, Public Accommodations (42 USC §12181 et seq.). The requirements of the ADA are incorporated into California Civil Code §51 (Unruh Civil Rights Act) and §54 (California Disabled Persons Act).
Members of the Low, Ball & Lynch ADA Defense Group represent employers, public entities and commercial property owners throughout California in all aspects of litigation. In addition, the firm proactively protects its clients from potential and costly ADA lawsuits by recommending and assisting in the implementation of preventative measures.
LBL often recommends obtaining certification by a Certified Access Specialist to discourage lawsuits by professional plaintiffs and/or vexatious litigants (California Civil Code §55.51 et seq.). A certification significantly reduces the costs associated with defending ADA claims by providing for an initial stay of an action. LBL also provides educational presentations to its clients and other members of the defense bar. Shareholder Laura S. Flynn has provided multiple presentations to the members of the Association of Bay Area Governments (ABAG) and various other public-entity and risk-management organizations. On behalf of the Association of Defense Counsel of California and Nevada, Ms. Flynn has provided presentations regarding the defense of ADA claims in the property owner and employment context.
The California Civil Code sections that incorporate the provisions of the ADA provide for substantial monetary damages as well as the recovery of attorneys fees and costs. LBL’s knowledge and substantial experience in defending ADA claims allow the firm to efficiently handle and resolve such claims in a manner that is beneficial to its clients.
- Representing employers, public entities & commercial property owners
- Recommending preventative measures
- Discouraging professional plaintiffs & vexatious litigants
- Educational presentations