Out-of-State ADA Lawsuits on the Rise Across the Country: One Example
In October 2022, the Journal & Courier newspaper in Lafayette, Indiana, reported on lawsuits involving properties in Tippecanoe County, Indiana. These properties had ADA lawsuits brought against them by a law firm in Richardson, Texas. There are 887 miles between Tippecanoe County and Richardson, Texas. That’s a 14-hour drive! Even more interesting — the plaintiff’s address was in Fayette County, Indiana. Even the distance between the plaintiff and the properties is more than 125 miles, more than a 2-hour drive.
“Individuals are being hired by attorneys to go around communities and they are looking for new buildings, and those buildings can be government buildings, privately own buildings. ”
The locations of all the involved parties caught the eye of the Accessibility Coalition of Tippecanoe County.
The lawsuits allege two apartment complexes in Greater Lafayette ‒ Anvil 38 Luxury Apartments and WestRidge Flats ‒ did not meet the Americans with Disabilities Act code compliance.
“Normally, when ACT is informed of a building that does not meet ADA compliance, it doesn’t draw any unusual attention from the group. Instead, the volunteers will offer community members and property owners guidance on how to address the ADA complaint about a property and help bring the property into ADA code,” the Journal & Courier reported.
So, what’s happening here?
“Basically," ACT’s Tim Clark said, "… we’re seeing more and more lawsuits across the country for facilities that are not ADA compliant. …Individuals are being hired by attorneys to go around communities and they are looking for new buildings, and those buildings can be government buildings, privately own buildings. Apartment complexes are a big one. They’re going through the apartment acting like they’re going to rent a room. And as they’re going through the leasing area, the entire area, pulling into the parking lot, they’re taking pictures as they go, they send the pictures to the attorney that’s hired them.”
“The lawsuits indicated that the plaintiff, who requires the use of a wheelchair, was seeking declaratory, monetary and injunctive relief arising from violations of the accessibility requirements of the FHA,” the newspaper reported.
