No Colorado business likes to be sued, especially when the lawsuit has some major questions about the underlying purpose and desires of the plaintiff. These feelings may be even more intense as companies are attempting to regain a sound financial footing after the initial waves of the corona virus have swept the state. Unhappily, a new wave of affliction in the form of nuisance lawsuits based upon the federal Americans with Disabilities Act seems to be moving across Colorado.
In one example highlighted in the article, the owner of a Denver winery was attempting to reopen this summer after being shuttered for several months when he received a very unpleasant surprise. With no prior warning, he was served with a lawsuit alleging that this company violated the ADA by failing to provide a website that was accessible to persons who were blind or suffered other vision impairments. Other companies, including banks, mattress manufacturers and marijuana dispensaries, have been hit with similar law suits.
The lawsuits all appear to have been started by one man who is represented by an out-of-state firm. Some advocates suggest these types of cases are designed to persuade the defendant to agree to a quick cash settlement rather than engage in expensive litigation. Further, critics of these lawsuits say that they rarely force important and necessary changes in how businesses deal with persons who are blind. Many advocates for people with vision deficits say that the lawsuit have spawned a backlash that reflects poorly on persons who suffer from legitimate disabilities.
The long view
Lawsuits have often served as an important tool for persons with disabilities to force changes in how they are treated by society. These drive-by lawsuits, however, carry some questions about the underlying purpose and true desires to see that the ADA is being utilized and enforced correctly. Any business that is served with a complaint in such a case may wish to consult an attorney experienced in business law for an evaluation of the case and possible responses.