CW: Discrimination
The Americans with Disabilities Act (ADA), is a significant civil rights law passed in 1990, helps ensure equal access to public businesses for disabled people. Most business owners are supportive when it comes to accessibility. Nevertheless, an increasing number of small business owners are expressing concerns that the increase in ADA lawsuits presents daunting financial and legal obstacles, particularly when they feel they have not been afforded the chance to fix alleged violations prior to facing a lawsuit.
One notable case involves Rodrigo Nogueira, the owner of No More Cafe in Manhattan’s East Village. In April 2025, Nogueira was completely taken aback when he was approached by lawyers asking if he required representation regarding a summons his restaurant received for purportedly breaching Title III of the ADA. This was the first time he learned of the lawsuit, which cited 35 supposed accessibility infractions.
Nogueira expressed confusion over some of the accusations. For instance, one allegation suggested that an outdoor table was not compliant with ADA standards, despite him saying that the café did not offer outdoor seating. Other alleged violations pertained to conditions within the restaurant, while the plaintiff claimed to have been unable to enter the restaurant itself. Intrigued by the lawsuit, Nogueira examined public court documents and discovered that both the plaintiff and their attorney had previously filed numerous ADA lawsuits against other small businesses.
Reports indicate that the attorney had filed over 100 ADA lawsuits against storefront businesses within a nine-year timeframe. Nogueira’s experience is not unique. According to an annual analysis by the law firm Seyfarth Shaw, approximately 8,800 ADA Title III lawsuits were filed in federal courts in 2024, representing a 7% increase from 2023. Although these cases involve a wide range of accessibility issues, the data demonstrate that litigation remains a significant tool for enforcing the ADA and that thousands of businesses face lawsuits each year.
Initially, Nogueira attempted to file a motion to dismiss the case independently, but the court informed him that a business could not represent itself and must hire an attorney. For many small businesses, just responding to a lawsuit can mean they pay thousands of dollars in legal expenses before addressing the fundamental claims. Frustrated, he began contacting other business owners who had been sued after identifying their names in public court records.
The impact of these lawsuits can be especially significant for immigrant and minority-owned small businesses. After speaking with other defendants, Nogueira found that many shared similar backgrounds and challenges. “Every business owner I spoke to had opened within the last year or two. Every one of them was an immigrant,” Nogueira, who is from Brazil, wrote in a post on his website about the lawsuit. “None of us had any idea how to navigate the federal court system. Most were already several thousand dollars into legal fees by the time we talked. Several of them did not realize they had been sued until the deadline to respond had already passed.”
This experience suggests that newly established immigrant-owned businesses may be particularly vulnerable. They may be unfamiliar with the U.S. legal system, or might face language barriers, limited financial resources, and high legal costs.
Disability rights advocates argue that private lawsuits serve as a crucial enforcement tool, as accessibility barriers persist more than thirty years after the ADA’s passage. They argue that without the right to pursue legal action, many businesses would lack sufficient motivation to eliminate barriers that limit disabled people.
On the other hand, business owners feel that the current legal loophole fosters repetitive litigation and costly settlements, even in instances where alleged violations may be contested or easily remedied. Some have advocated for reforms mandating that businesses receive notice and an opportunity to rectify accessibility issues before a lawsuit is initiated, while advocates caution that such modifications could undermine the enforcement of disability rights.
The challenge lies in striking a balance that preserves the civil rights of disabled people while giving small businesses a chance to comply. Accessibility and fairness should not be viewed as opposing objectives, and any sustainable solution should meet both goals as much as possible.
Sources:
Roberts, Nina. “Slew of Lawsuits over Disability Access Frustrates US Cafe and Shop Owners.” The Guardian, 11 July 2026, https://www.theguardian.com/business/2026/jul/11/disability-ada-lawsuits-small-businesses.
Vu, Minh N., et al. “ADA Title III Federal Lawsuit Numbers Rebound to 8,800 in 2024.” ADA Title III, 6 Mar. 2025, https://www.adatitleiii.com/2025/03/ada-title-iii-federal-lawsuit-numbers-rebound-to-8800-in-2024/.
Zehentner, Sarah E. “The Rise of ADA Title III: How Congress and the Department of Justice Can Solve Predatory Litigation.” Brooklyn Law Review, vol. 86, no. 2, 2021, pp. 701–728. BrooklynWorks, https://brooklynworks.brooklaw.edu/blr/vol86/iss2/13.