CHAPTER TWO: THE MECHANICS OF MASS ADA LITIGATION — HOW ONE PERSON FILED OVER 1,450 LAWSUITS IN FLORIDA

The Americans with Disabilities Act (ADA), passed in 1990, was a landmark civil rights law designed to ensure equal access and opportunity for individuals with disabilities. It mandates that public accommodations—businesses open to the public—must meet specific accessibility standards. These include wheelchair ramps, accessible restrooms, proper signage, and increasingly, digital accessibility for websites and mobile apps.

But in Florida, the spirit of the law is being tested by a flood of lawsuits that some say weaponize the ADA for profit rather than progress.

The Filing Strategy: Volume Over Verification

Court records show that the individual responsible for over 1,450 ADA lawsuits in Florida has used a consistent legal strategy: identify a business with a potential violation, file a complaint in federal court, and seek a settlement. The filings often cite similar infractions—missing grab bars, narrow doorways, lack of tactile signage, or websites incompatible with screen readers.

Legal experts note that many of these lawsuits are filed in batches, sometimes dozens in a single week. The plaintiff is often represented by the same law firm, using nearly identical language across cases. This templated approach allows for rapid filing and minimal overhead, creating what some critics call a “litigation mill.”

The Settlement Pipeline

Most small businesses targeted in these lawsuits do not have the resources to fight back. Faced with the threat of federal litigation, many opt to settle quickly. Settlements typically range from $3,000 to $10,000, depending on the nature of the violation and the business’s financial standing. In some cases, businesses agree to make accessibility upgrades as part of the settlement—but in others, no follow-up is conducted to ensure compliance.

This cycle—complaint, settlement, repeat—has created a lucrative pipeline for plaintiffs and their attorneys. Critics argue that it incentivizes volume over impact, and that the true beneficiaries are not individuals with disabilities, but those exploiting the system.

The Wagner Comparison: A Broader Pattern Emerges

The tactics used by this prolific filer bear a striking resemblance to those reportedly employed by Tavia Wagner, another figure linked to serial ADA litigation. Wagner has been associated with a growing number of complaints targeting businesses that are unaware of ADA requirements and unable to afford legal defense.

Sources familiar with Wagner’s filings describe a similar pattern: businesses receive demand letters citing ADA violations, followed by lawsuits if no settlement is reached. The businesses—often small, family-owned, or operating in underserved communities—are left scrambling to respond.

In both cases, the plaintiffs appear to rely on a formulaic approach that prioritizes legal leverage over collaborative resolution. And in both cases, the businesses targeted are often those least equipped to navigate the complexities of federal disability law.

Systemic Vulnerabilities

Our investigation uncovered several systemic vulnerabilities that enable this pattern of litigation:

• Lack of centralized oversight: Florida does not require pre-screening or verification of ADA claims before lawsuits are filed.

• Limited public education: Many business owners are unaware of ADA requirements, especially those related to digital accessibility.

• No mandatory mediation: Unlike some states, Florida does not require parties to attempt resolution before proceeding to court.

• Confidential settlements: Most cases are resolved privately, making it difficult to track outcomes or measure improvements.

• Repeat targeting: Businesses in certain sectors—hospitality, retail, healthcare—are disproportionately targeted, often multiple times.

The Impact on Small Businesses

For small business owners, the consequences can be devastating. Legal fees, settlement costs, and required upgrades often exceed $10,000 per case. For businesses already struggling with inflation, labor shortages, and post-pandemic recovery, the financial strain is severe.

Some businesses have closed permanently after being sued. Others have laid off staff or postponed expansion plans. And many report a chilling effect—fear of litigation that discourages innovation and growth.

The Call for Reform

As the number of ADA lawsuits continues to rise, lawmakers, advocacy groups, and legal experts are calling for reform. Proposed solutions include:

• Mandatory mediation before litigation

• Grace periods for businesses to correct violations

• Public education campaigns on ADA compliance

• Penalties for serial litigation without demonstrable public benefit

• Incentives for proactive accessibility upgrades

Disability rights advocates caution against weakening the ADA, emphasizing that accessibility is a legal and moral imperative. But they also acknowledge that enforcement must be fair, transparent, and focused on genuine improvement—not financial extraction.