Which part of the ADA applies
The Americans with Disabilities Act has separate titles for employment, for state and local government, and for businesses open to the public, and the path of a case depends on which one applies. Employment claims generally go to the EEOC or a state or local agency before court. For businesses open to the public, a federal claim can seek an order to remove the barrier plus attorneys' fees, but not money damages for the individual. New York State and New York City human rights laws can allow damages, which is why many New York cases combine federal and local claims. Both the landlord and the tenant business can be responsible for the same barrier, whatever their lease says between them.
If you encountered a barrier
Photograph the barrier and note the date, the location, and what you were trying to do. Keep receipts, reservations, or other proof that you visited or tried to use the service, and screenshots if the problem was online. Think about whether you intend to return, because plans to go back can matter to whether a claim for an order can proceed. Any notes about conversations with staff should be prepared for your lawyer after you have spoken with us. Some people prefer to raise the issue with the business first, which can be a reasonable step, though it is not always required.
If your business was named
Read the complaint, note the deadline to respond, and notify your insurer and landlord promptly, since leases and policies sometimes address these claims. Document existing conditions before making changes, but do not hold off on repairs that are clearly needed; correcting a barrier can affect what relief remains available. A survey by an accessibility consultant often helps define what needs to change and at what cost. In a first meeting we review the claims, the property or website at issue, and any other ADA suits filed by the same plaintiff or law firm. From there we discuss whether early resolution, remediation, or a contested defense makes the most sense.
