ADA Title III Compliance for Real Estate Owners and Operators: Avoiding and Responding to Drive-By Claims

Understanding the ADA Regulatory Framework and Potential for Abusive Litigation

A live 90-minute premium CLE video webinar with interactive Q&A

Thursday, February 18, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 29, 2021

or call 1-800-926-7926

This CLE webinar will review current ADA Title III accessibility requirements and the causes of action against property owners or operators for noncompliance. The panel will discuss the steps to take to avoid violations, and how to respond to "drive-by" and other potentially abusive claims.


Title III of the Americans with Disabilities Act (ADA) regulates accessibility for individuals with disabilities to public accommodations and commercial facilities. Civil actions against places of public accommodation are on the rise, with 2019 setting records of more than 11,000 lawsuits filed. These claims can be brought without notice by plaintiffs or attorneys who search out noncompliance and then sue property owners or operators.

The ADA provides private enforcement through federal lawsuits, and remedies include injunctive relief, attorneys' fees, and costs. The cost of defending against these actions can be significant, especially for small business owners who may be forced to settle a meritless claim rather than contest its legitimacy. Counsel must understand all of these potential causes of action.

To avoid drive-by claims, owners and operators should conduct due diligence to uncover any violations that could give rise to a claim under the ADA and take steps to remedy any deficiencies in accessibility before being subject to an opportunistic suit. Counsel must have a thorough knowledge of current ADA accessibility requirements to ensure such compliance.

Listen as our authoritative panel provides an overview of the legal requirements, how they apply to landlords versus tenants, how to minimize accessibility lawsuits, the access barriers frequently cited in suits, and strategies to employ in such cases.



  1. Overview of the ADA accessibility standards
  2. Civil actions allowed under the current regulatory framework
  3. Discussion of the recent increase in ADA claims
    1. Drive-by lawsuits
    2. Use of Google Maps
    3. Most common violations cited
  4. Conducting internal due diligence to spot violations
  5. Bringing noncomplying facilities into compliance
  6. Responding to drive-by claims


The panel will review these and other key issues:

  • What are the current ADA Title III accessibility standards and the most common violations?
  • What regulatory and civil actions are allowed under the ADA in the event of noncompliance?
  • How can property owners and operators avoid drive-by lawsuits?
  • How should owners and operators respond if a claim is filed?


Antkowiak, Christian
Christian Antkowiak

Buchanan Ingersoll & Rooney

In addition to representing Fortune 200 clients with sophisticated in-house legal teams, Mr. Antkowiak also serves...  |  Read More

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