For countless hardworking small business owners across California, an invisible “legal battlefield” is unfolding. The adversaries are not competitors in the marketplace but instead a growing group of “serial plaintiffs” and their attorneys who exploit the Americans with Disabilities Act (ADA) as a weapon. Rather than searching for quality goods or services, these individuals scour communities for minor compliance issues, a parking stripe that has faded, or a door handle set one inch too high. These seemingly minor infractions can lead to lawsuits that demand tens of thousands of dollars in settlements.
What was once a noble mission to protect the rights of individuals with disabilities has, in many cases, devolved into a systemic “compliance shakedown” targeting small businesses.
The Distorted Use of ADA Laws
The ADA is a landmark civil rights law designed to ensure equal access for individuals with disabilities. But in California, some opportunists have turned it into a profit-driven enterprise. By leveraging both federal ADA provisions and California’s Unruh Civil Rights Act, plaintiffs can multiply claims and seek statutory damages of $4,000 per violation, plus attorney’s fees.
A single visit to a business with an alleged barrier can result in $8,000 in claims: $4,000 for encountering the barrier and another $4,000 for being “deterred” from returning. Repeat visits can multiply damages further.
Attorney Paul P. Cheng, Esq., former prosecutor and respected trial lawyer in Southern California—explains:
“Most business owners react with shock and frustration when served with an ADA lawsuit. The natural instinct is to fight back hard. While understandable, this often plays right into the plaintiffs’ financial trap. The biggest mistake is delay. Every day that passes increases your legal fees and may cause you to lose opportunities for statutory protections. The smarter approach is to immediately assess the risks, correct any alleged violations, and then strategically push back against unreasonable claims. The goal is to resolve the issue and protect your business—not to fall into a never-ending legal battle.”
Common Abusive Tactics by Serial Plaintiffs
Through years of experience defending business owners, our firm has identified recurring abusive strategies:
- “Drive-By” Lawsuits – Plaintiffs never actually enter the business. They simply take photos from their car and allege that barriers prevented access.
- Manufactured Evidence – Some plaintiffs create small purchases solely to fabricate receipts and later claim discrimination.
- Mass Filings – Certain plaintiffs and their attorneys file hundreds, even thousands, of lawsuits annually, often targeting minority-owned small businesses.
- Overbroad Claims – Plaintiffs may allege they were deterred from visiting a business merely by viewing a photo of a potential violation.
Defense Tools Available to California Businesses
Despite the challenges, California law provides several protective mechanisms when used correctly:
1. Certified Access Specialist (CASp) Inspections
Hiring a CASp to inspect your business can be a powerful preventive step. If violations are corrected within 120 days of a CASp report, small businesses may be shielded from statutory damages under California Civil Code § 55.56(g)(3).
2. Grace Period for Remediation
California law allows businesses to significantly reduce or eliminate damages if they promptly fix violations after receiving notice of a lawsuit (typically within 30–60 days).
3. Special Court Procedures
Some courts, such as the Northern District of California, require joint site inspections and early settlement discussions. These processes often expose inflated attorney’s fees and create opportunities for fairer resolutions.
Practical Recommendations
To protect your business from becoming a target:
- Be Proactive: Arrange a CASp audit to identify and fix issues before they are weaponized against you.
- Act Quickly: If you receive a lawsuit or demand letter, consult experienced ADA defense counsel immediately—time is critical.
- Correct Problems Immediately: Fixing the alleged barriers under attorney guidance removes the foundation of most claims and limits damages.
From Passive Target to Proactive Defense
California’s ADA litigation landscape can feel like a minefield, but business owners are not powerless. At the Law Offices of Paul P. Cheng & Associates, we have extensive experience defending clients against abusive ADA lawsuits and negotiating favorable resolutions. More importantly, we help businesses build forward-looking compliance frameworks that protect against future claims.
If you are facing an ADA lawsuit, or if you want to safeguard your business before you become the next target, contact our office today for a tailored legal strategy.