Trusted ADA Defense Lawyers

If you have been served with an Americans with Disabilities Act (ADA) lawsuit filed in a California State Court or in a United States Federal Court, or if you have received an ADA violation letter threatening an ADA lawsuit, you may be a victim of what is often an ADA extortion claim or ADA fraud.

As one of the largest, if not the largest, providers of Americans with Disabilities (ADA) defense services in the United States, Karlin Law Firm LLP represents property owners and businesses.

We have handled, consulted and resolved over 4,000 ADA lawsuits. We do not represent, and have not represented, ADA plaintiffs.

Strategic Defense For A Full Spectrum Of ADA Claims

We defend all types of ADA claims in relation to commercial, industrial, hotel, apartment and business properties. These include claims that the buildings, parking lots and/or the inside of businesses are not ADA compliant.

Beware of attorneys claiming they can handle an ADA case for a small “flat fee.” All that means is they will likely not spend the time needed to:

• See if a violation exists or how they can achieve a low settlement
• Properly negotiate the right modification
• Assist in keeping the cost down with alternative modifications
• Refer the work to the right inspector or designer
• Consult on how best to avoid future lawsuits

If you want to resolve the ADA claim at the least expense, it’s important to select a law firm that has only one goal in mind: Saving you money by using their vast experience and knowledge of ADA cases and complex ADA laws. Karlin Law Firm LLP has developed ADA defense strategies designed to come to a quick and cost-effective resolution for our clients.

When insurance coverage applies, our team coordinates with your carrier to ensure ADA-related legal expenses are handled efficiently under Employment Practices Liability (EPL) or EPLI policies.

If your business has been targeted with one of these claims, call our team at 888-698-8932 for a consultation.

Providing Clarity Around Vague ADA Website Claims

As more and more businesses fix their parking lots and make interior changes, plaintiffs are now looking at the business and hotel websites. Some areas of concern are: 

• The international website standards
• World Wide Web Consortium (W3C)’s Web Content Accessibility Guidelines (WCAG) 2.0 guidelines, specifically 3.1.1, 2.4.4, 3.1.2
• Department of Justice’s (DOJ) lack of guidelines
• Reasonable accommodation claims

The DOJ has admitted there are other ways of making websites accessible, and the clear trend is to require a nexus between a website and a physical location. On April 7, 2021, the 11th Circuit Court finally issued its decision in the Gil v. Winn-Dixie case, holding that websites generally do not need to comply with the ADA even if they have a nexus to a physical store. This case illustrates the uncertainty businesses face due to conflicting court interpretations of ADA website obligations.

There is now a clear split of authority among the Federal District Court of Appeals. You can read the text of the decision here. Contact Karlin Law Firm LLP to see how this decision might affect any claims being made against your website.

ADA website lawsuits for hotels often focus on the lack of both a description of the accessible features of the hotel and the accessible features of accessible hotel guest rooms. See our article regarding the explosion of hotel ADA website lawsuits.

Recently, we have also encountered claims against owners of mobile applications. In our view, there is no legal basis for almost all of these ADA app claims and lawsuits. The law firm of Carlson Lynch of Pittsburgh, PA, is one of the law firms making ADA app claims on behalf of Robert Jahoda and Eddie White through its lawyers and attorneys, R. Bruce Carlson, Kevin W. Tucker, Todd D. Carpenter and Eric Zard. If you have received one of their claim letters, give us a call.

Protecting Apartment Owners And Real Estate Businesses 

Another recent trend is ADA lawsuits filed against apartment owners and other businesses for both access to the manager’s office and failure to enter into timely discussions regarding a request for a “reasonable accommodation.” To protect against these new types of ADA lawsuits, apartment owners, property managers and other businesses should develop a policy and procedures manual as well as address access issues.

Our team routinely creates tailored policies and training materials to help clients stay compliant. The United African Asian Abilities Club is the main filer of apartment ADA lawsuits.

We are also seeing an increase in service dog, service animal and comfort animal ADA claims. To protect your business, it’s crucial to have a policy and procedures manual to comply with the law. We have developed these manuals for our clients and their businesses.

If your real estate or business has become the subject of an ADA lawsuit, ADA SB 1608 or Unruh Act or Unruh Civil Rights Act lawsuit, contact an experienced ADA real estate attorney as soon as possible in order to understand your rights and your legal options. When it comes to litigation, there is no substitute for an experienced ADA real estate lawyer who understands the needs and concerns of owners and commercial property managers in the defense of ADA lawsuits.

Guiding Real Estate Clients Through The Nuances Of California Law

ADA lawsuits in California have increased rapidly. Since 2005, across the United States, more than 18,000 lawsuits claiming violations of the Americans with Disabilities Act have been filed, with California in the lead. Owners of properties and businesses feel they are being extorted by people bringing these ADA claims.

One reason is that California is one of the few states that impose an automatic penalty on owners and businesses and make owners and businesses pay the plaintiff’s attorney fees should the plaintiff prevail on any of his or her claims.

The California ADA laws and the federal Americans with Disabilities Act are one-sided. If the owner prevails, a plaintiff does not usually have to pay the owner’s attorney fees. However, if the plaintiff prevails, the owner will likely have to pay the plaintiff’s attorney fees. This is a main reason that property owners feel they are victims of ADA extortion. It is imperative that California real estate owners, commercial property tenants and management companies of commercial real estate retain experienced ADA defense law firms immediately after being served.

What To Do If Your Business Faces An ADA Lawsuit In California

The best way to reduce unnecessary costs is to act quickly and take proactive steps as soon as a claim arises. Karlin Law Firm LLP understands ADA compliance, Unruh Act violation litigation and changes in California law involving commercial real estate access issues. We understand how to minimize attorney fees and costs in defending against ADA lawsuits in California, as well as defending against frivolous lawsuits in general.

Under the new California ADA laws and the United States Federal District Courts, which follow California law regarding ADA penalties, you may be able to reduce any damages or penalties by as much as 50% if you qualify as a small business and if certain modifications to your property are completed within 30 days of being served with an ADA lawsuit.

Modifications, in most cases, can be inexpensive and may include, but are not limited to:

• Adding signs
• Re-striping areas in the parking lot
• Adding handicapped parking
• Installing pool lifts or ensuring pool access routes are compliant (for hotels, motels and apartment complexes)
• Adjusting restroom fixtures or door hardware for easier accessibility

Landlords and tenants may also need to address ADA issues in negotiating their commercial leases, particularly in light of such new laws as California’s AB 2093 and California Civil Code 1938, discussed in AB 2093 and Civil Code 1938. See also HR 620, requiring prenotice and a right to fix before anyone can file an ADA case.

If you have been, or you think you might be, served with a California ADA lawsuit, you should contact an ADA attorney as soon as possible. If you are attempting to do any modifications, you should consult with a top-quality paving or striping company for guidance.

Contact our firm today to discuss your situation and protect your business. Call us at  888-698-8932 for a consultation.

What The Changes In California Law Mean For Your Business

Recent changes in California law were passed with the intention of insulating certain commercial real estate and business owners from undue liability. However, the situation appears to be no better than before. In fact, it appears that the number of ADA lawsuits being filed has increased.

California SB 1186 was enacted, in part, through changes in the California Civil Code. The idea was to provide protection to owners and operators of public accommodations. The changes were to include:

• A provision allowing defendants to request a stay of court proceedings pending settlement discussions (early evaluation)
• Reduction of the minimum statutory damages (in certain circumstances)
• Allowing a court to consider the reasonableness of a plaintiff’s “stacked claims,” or numerous claims for the same property
• A ban on prelitigation demand letters
• A requirement for written advisories to defendants

Despite the intentions of the law, it appears to our firm that the changes have resulted in an increase, not a decrease, in ADA lawsuits. Delayed demand letters, for example, may have forced law firms to file lawsuits instead of working with owners to fix the problem. The new law did not include a correction period where an owner could fix the ADA violation without facing an automatic penalty.

How ADA Website Claims Work: Case Studies

ADA website claims are increasing. Some just start off with letters, such as the demand letters sent by the Legal Justice Advocates of Florida or their lawyers, Avery Fenton, Shakhar Vyas or Emerson Primental. Others are sent by the Berokim Law Firm in Los Angeles or by Scott Ferrell, calling himself the Pacific Trial Attorneys.

As of recently, Olga Nazimova has been targeting websites using visually impaired plaintiffs Edward Davis & Ronald Chism. Another attorney sending out demand letters on websites is R. Stephen Hall, representing the client: Pursuit of Respect, Inc. Another law firm is Fidelity Law, APC, making FHA and ADA website claims with attorney Brian R. Linnekens representing client Santiago Hernandez.

Of note also are the tactics of Hakimi & Shahriari, located on Hollywood Boulevard, in Los Angeles. The main attorneys of that firm are Anoush Hakimi and Peter Shahriari. We have many cases against this firm, and in our view, you will need an ADA law firm with extensive experience and a willingness to push back any time a law firm presents any over-the-top, outrageous ADA lawsuit settlement demand.

There is also the Manning Law Firm, headed by Joe Manning, aka Joseph Manning, who argued the Robles v. Domino’s Pizza case on behalf of the plaintiff. New ADA website plaintiffs now include Raymond Douglas Hennagir, Alberto Hernandez, Jack Kang, Po Tang and Sheila Biglang-Awa (aka Sheila Biglang Awa), in addition to the plaintiffs listed above.

On Oct. 8, 2019, the U.S. Supreme Court refused to take the Robles v. Domino’s Pizza case, leaving the 9th Circuit allowing lawsuits that allege a website may need to do “something” to make the site more accessible to the blind and visually impaired. What that something is, the court did not describe.

As a result of the U.S. Supreme Court’s refusal to hear the Robles v. Domino’s Pizza case, we expect ADA website lawsuits and the threat thereof to substantially increase and have a major impact on small and tiny businesses, not just large businesses. Lack of ADA website standards will not stop law firms from proceeding with these ADA website lawsuits and claims. We are the top ADA website defense lawyers in California and can help defend against and avoid such ADA website lawsuits and claims, working with you and the webmaster to help avoid such ADA website lawsuits.

To learn more about abusive ADA lawsuits, sometimes referred to as drive-by lawsuits, watch the December 3, 2016, episode of 60 Minutes by Anderson Cooper. You can also read our reviews of AccessiBe, Userway and other ADA website programs here. 

Law Firms And/Or Attorneys Filing ADA Lawsuits In California, New York And Florida

The Center for Disability Access, Disabled Advocacy Group, APLC, Ray Ballister Jr., aka Raymond Ballister Jr., Mark Potter, Phyl Grace, Bryan Miller, Ross Cornell, Michael Taibi, Christopher Monge, Lynn Hubbard III, Scott Lynn J. Hubbard IV, Morse Mehrban, Thomas W. Gillen, Pamela Tsao, aka Pam Tsao, Ascension Law Group, Ted Shin, Dayton Magallanes, Moore Law Firm, Tanya Moore, aka Tanya E. Moore, Layne Hayden, Zachary M. Best, Chris C. Vaughan, Jason Yoon, Sung T. Kim, Daniel J. Williams, Richard A. Mac Bride, Joseph R. Manning Jr., Michael J. Manning, Craig Cote, Babak Hashemi, Jong Yun Kim, Peter Kristofer Strojnik, David C. Wakefield, Scott J. Ferrell, Daniel Malakauskas, Kevin Hong, Dennis Price, Advanced Disability Advocates, So. Cal. Equal Access Group, John Y. Kim, and Ascension Law Group, Eric G. Calhoun (blind and visually impaired ADA lawsuits), Calhoun & Associates (blind and visually impaired ADA lawsuits), Marty J. Nicholson (blind and visually impaired ADA lawsuits), Azar Mouari (blind and visually impaired ADA lawsuits). Melissa G. Fulgencio with Uplift Law, NYE, Stirling, Hale, Miller LLP, Jonathan D. Miller, Lawyers for ADA Rights, R. Alan Smith, Berokim Law, Joseph Bakhos, Morgan J. McGrath (website letters). Robert Abiri, Nathaniel Clark, Marianna Qustinovskaya Custodio & Dubey Law Firm. Andrew J. Gramajo with AJG Law Group, PC. (website lawsuits). Dan Shaked (website lawsuits), Jacob Shahbaz (website lawsuits). Robert Tauler, Tauler Smith LLP, Sahira Shahbaz. Prathima Reddy Price, The Reddy Law Firm LLC. Asher A. Cohen, Asher A. Cohen PLLC. B Kimmia Salehi KSS LAW PLLC (website lawsuits).

Some additional ADA lawyers and ADA attorneys filing ADA lawsuits not listed above include Brian Andrews. Some additional plaintiffs include Adam Ghadiri, filing ADA lawsuits in pro se, and may sometimes use an ADA lawyer. Also, new shake-down letters are on the ADA website. Federal lawsuit drafts are being sent by Legal Justice Advocates of Fort Lauderdale, Florida, with attorneys Avery Fenton, Shakhar Vyas, and Emerson Primental attempting to shake down businesses and small and large hotels. These ADA website claims are made on behalf of blind and visually impaired persons. Some ADA websites now include Raymond Douglas Hennagir, Alberto Hernandez and Jack Kang.

Plaintiffs Filing ADA Lawsuits In California, New York And Florida

Approximately ordered by last name:

A: African-Asian Abilities Club, aka African Asian Abilities Club, aka United African-Asian Abilities Club, aka United African Asian Abilities Club, Lore Ameloot

B: Theresa Brooke, Poupak Barekat (website Hotel ADA lawsuits), Hendrick Block, Valerie Brooks, Mister Bailey, Andrew Baracco, Sheila Biglang – Awa Castro, Anthony Bouyer, Garnik Blkhoyan, Nazik Blkhoyan, Colton Bryant, Sam Benford, Michelle Bartick

C: Gabriela Cabrera, Rory Chavez, Kyo Chu, Rebecca Castillo, Jennifer Carbine, Ronald Chism, Jose Casillas, Robert Cauley, Daniel Cervantes, Christian Hernandez, Susan Competello, (NY – website lawsuits)

D: Jessie James Davis IV, Roy Davis-Gash, Brett Deslavo (website ADA lawsuits), Louis Do (website ADA lawsuits), Gabriel Dorsey, Larry Dunn,

E: Jose Escobedo, Jose Estrada

F: James Farr (website ADA lawsuits), Kimberly Frazier, Jeff Fitzpatrick

G: Orlando Garcia, Andres Gomez, Julianna Garcia, Darren Gilbert

H: Abacus Heras (website Hotel ADA lawsuits), John Ho, David Hester, Michael Hanson, Jeremy Holland, Joshua Hartley, Drew Hunthausen, Pamela Hill, John Paul Hutchins, Teresa Hicks, Carlos Herrera

I-J: Jerry Jackson, Scott Johnson, Jeff Jinkins, Flor Jimenez, George Jones

K-L: Nehemiah Kong, Chris Langer, Richard Q. Le, Shirley Lindsay, Hoang Minh Le, Jin Lee, Xandra Kahre, Aderiyike Lawal

M: Perla Mageno (website ADA lawsuits), Robert Aaron McKissick, Traci Morgan, Portia Mason, Mark Hanohano (website ADA lawsuits)

N – O: Edmond Neal, Brenda Ordaz, Amber Ortiz, Vanessa Orellena

P: Young Hee Park, Jose Perez, Carmen John Perri, Meryl Pomponio, Suzanne Na Pier, Hee Soon Park

Q: Viridiana Quevedo

R: Kayla Reed (Hotel Website ADA lawsuits), James Rutherford, Roy Rios (website lawsuits), Mary Rios, Michael Rhambo, Rusty Rendon (website ADA lawsuits), Kayla Ryan, Estela J. Ramos, Deondre Raglin, Crystal Redrick, Rick Walkup

S: Richard Sepulveda, Christopher Soldan, James Shayler, Vivian Salazar, Peter Strojnik

T: Jose Trujillo, Po Tang, Quy Truong

U: United African-Asian Abilities Club, aka United African Asian Abilities Club.

V: Jose Velez (aka Jose Colon, Jose Velez-Colon, Jose Carlos Velez Colon), Tito Vasquez, Viridiana Quevedo,

W: John Weekley, Brian Whitaker, Anna Marie Wiggens, Bryan Williams, Leemanuel Weilch, Robert Wendt, Andrew Wilkins

Z: James Zarian, Samuel Zarian, Luz Zendejas

Defend Your Rights Against California ADA Lawsuits Today

Don’t wait for costs to spiral. Let our ADA defense attorneys help.

For over 40 years, Karlin Law Firm LLP has protected businesses from ADA lawsuits. Contact us today for a consultation and learn how we can help you achieve a favorable resolution.

Call our office at 888-698-8932 or send us a message through our contact form.