ADA Physical Facility Related Lawsuits Continue

By Styskal, Wiese & Melchione

May 27, 2016

As discussed at our 2016 Legal Update Seminar, two California based law firms (and their regular plaintiffs) make their living filing suits under the federal and state disabilities laws. These are NOT class actions, but rather are “quick strike/quick settlement” type filings—the plaintiffs’ “finders” cruise by business establishments looking for technical ADA violations involving handicapped parking, walkways, ramps, ATMs and night depository boxes. If they find violations outside, they come inside and look for more. The law firms – the Calhoun firm located in Aliso Viejo, and the Potter firm located in San Diego – file lawsuits all over the state, using the same handful of plaintiffs. There have been over 9,000 ADA cases filed in California in just the last three (3) years. Those cases target a variety of retailers, including financial institutions.

Has your credit union reviewed its physical facilities for ADA compliance lately? If not, we highly recommend you do so. Is your credit union carefully and routinely documenting ADA compliance of your ATMs (see our September 2015 email communication for additional guidance)?