Slew of lawsuits over disability access frustrates US cafe and shop owners
Small business owners in the United States say they are being unfairly targeted by a wave of lawsuits alleging breaches of Title III of the Americans with Disabilities Act (ADA), which requires businesses to be accessible to people with disabilities. Rodrigo Nogueira, the Brazilian owner of No More Cafe in Manhattan's East Village, was blindsided in April 2025 by a summons listing 35 alleged violations, some of which he says were plainly inaccurate — including a claim about a non-existent outdoor table. The dispute highlights a tension between owners who feel exploited by serial litigants and disability advocates who argue that genuine access barriers must be addressed.
Nogueira found that the plaintiff suing him had 67 cases, while the attorney involved had filed more than 100 ADA suits against storefront businesses over nine years. He also discovered that other nearby businesses being sued were run by recent immigrants who often did not understand the federal court system, had already spent thousands on legal fees, or had missed response deadlines without realising they had been sued. The ADA, federal law since 1990, is largely enforced against smaller businesses through private litigation, as there is no local regulation; its standards require "readily achievable" modifications scaled to a business's resources, which owners say can be confusing to interpret.
- US small firms say serial ADA lawsuits unfairly target them.
- One cafu00e9 faced 35 alleged violations, including a non-existent table.
- Advocates insist genuine disability access barriers must still be fixed.