Can I file an ADA lawsuit without being disabled myself?

[JHMRK]

What is the name of your state (only U.S. law)? California

I would just like to know if I would be able to file an ADA lawsuit against a business that doesn't have accessibility options if I'm not disabled. Like if I came into a business and noticed they had no handicap parking, for example.

 

[pac72]

too much time on your hands?

 

[cbg]

Do you know why they don't? There are valid and legal reasons why a business might not have accessibility options.

 

[Taxing Matters]

What is the name of your state (only U.S. law)? California

I would just like to know if I would be able to file an ADA lawsuit against a business that doesn't have accessibility options if I'm not disabled. Like if I came into a business and noticed they had no handicap parking, for example.

The answer to that is no, you cannot file a lawsuit against business for alleged ADA violations if you do not have a disability. Moreover, you would also need to allege that your disability is preventing you from accessing the business without whatever required accessibility features the ADA requires. The reason for this is that in order to file any lawsuit you need to have what the law calls standing. And one of the elements in standing is that you yourself are adversely affected by the actions of the defendant. For example, I have a condition that qualifies as a disability under the ADA. But that disability does not in any way prevent or make it difficult for me to use stairs. Thus, I would lack standing to sue a business that does not provide wheelchair access because I don’t need that to get into the business. I am not adversely affected by that lack of wheelchair access. Note that the ADA requirements for accessibility are quite technical and they have a number of exemptions to address various situations, like exempting older buildings that have not been significantly renovated/modified since the passage of the ADA, for example. So just because you don’t see a wheelchair ramp or disabled parking does not automatically mean the business is in violation of the Act.