Restaurant Owner Surprised by ADA Lawsuit
In April 2025, Rodrigo Nogueira, owner of No More Cafe in Manhattan's East Village, was contacted by lawyers about a summons for violating Title III of the Americans with Disabilities Act (ADA). The lawsuit listed 35 violations, including a claim about a non-compliant outdoor table—despite the cafe having no outdoor tables. The plaintiff alleged he could not enter the restaurant.
Nogueira discovered the plaintiff and his lawyer had filed dozens of similar complaints against small businesses. The attorney alone had filed over 100 ADA lawsuits in nine years. Nogueira noted, "The [plaintiff] that's suing me – he's got 67 cases."
Small Businesses Struggle with Legal Costs
Nogueira filed a motion to dismiss himself, but the judge ruled a company cannot self-represent. Legal fees to file a motion can be prohibitively costly for small businesses. Searching court records, Nogueira found nearby businesses also sued for ADA noncompliance. "Every business owner I spoke to had opened within the last year or two. Every one of them was an immigrant," he wrote. "None of us had any idea how to navigate the federal court system."
Other small business owners, who declined to speak on record, reported feeling unfairly targeted by serial ADA litigants. This has created tension between small businesses and disability advocates.
ADA Enforcement Through Private Litigation
The ADA, enacted in 1990, requires public accommodations to remove barriers for people with disabilities. However, enforcement often relies on private lawsuits, as the Department of Justice typically handles only corporate cases. Businesses must make modifications that are "readily achievable"—easy without much difficulty or expense—but standards can be confusing.
Jessica Walker, president of the Manhattan Chamber of Commerce, testified on the impact of serial ADA lawsuits. "Oftentimes the repairs can be cost-prohibitive," she said. Many businesses feel they could fight violations but cannot afford legal fees, which range from $13,000 to $20,000 for settlements or $20,000 to $50,000 for court trials.
Criticism of Serial Litigation
Tom Stebbins of the Lawsuit Reform Alliance of New York described the practice as "throwing spaghetti against the wall and seeing what sticks," noting lawyers seem to coerce settlements rather than ensure compliance. Nogueira found over 75% of the 35 violations against him were invalid.
Disability advocates argue lawsuits are necessary to enforce civil rights. Michelle Uzeta of the Disability Rights Education and Defense Fund stated, "The ADA has been in place for 30-plus years. There is no reason why accessibility issues have not been dealt with by now." Ruth Colker, a law professor, noted that serial litigation is a consequence of Congress's design, allowing enforcement only through private lawsuits.
Challenges with Older Buildings
Architect Ronnette Riley explained that ADA compliance is simpler for new construction but complex for older buildings, especially landmarked ones. "The ADA code is not for the faint of heart," she said. Leases often make renters responsible for violations, including legal fees for landlords.
Proposed Solutions
In December, the bipartisan ADA 30 Days to Comply Act was proposed in the US House, offering a 30-day remediation window. However, disability advocates fear this sets a dangerous precedent for civil rights. Uzeta warned, "If Congress accepts that disability discrimination deserves a warning and a waiting period, it invites the same logic for every other protected class."
