Although one may think this provides a formula that other businesses can use to fight off ADA lawsuits, there were some unique things about this case that are not present in many other ADA cases. Most notably this building owner had previously received a permit that his building was ADA-compliant. In our experience many ADA defendants never make any efforts to certify they were ADA-compliant.
In addition, this landlord took it upon himself to fight the case all the way to trial. Even though the building owner won the case, the article notes there were portions of the property that were not in compliance with the ADA. Since successful ADA plaintiffs can recover attorney fees, that was a huge risk to take.
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