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26 Wash. & Lee J. Civ. Rts. & Soc. Just. 689 (2019-2020)
Enforcement of the Americans with Disabilities Act: Remedying "Abusive" Litigation While Strengthening Disability Rights

handle is hein.journals/walee26 and id is 727 raw text is: Enforcement of the Americans with Disabilities Act: Remedying Abusive Litigation While Strengthening Disability Rights Evelyn Clark* Abstract This Note explores the Americans with Disabilities Act and the private litigation used to enforce compliance. While the ADA was designed to be enforced by private citizens, many have called for reform to limit what they see as abusive litigants. This Note focuses on (1) the perceived problem of vexatious litigants abusing the ADA and its state counterparts to benefit monetarily, (2) the attempted solutions on both a state and federal level, and (3) recommended solutions that focus on protecting the rights of individuals with disabilities while limiting abusive litigation meant to extort businesses. Table of Contents I. Introduction ................................. 690 II. The Problem........................ ......... 696 A. Background of the Americans with Disabilities Act ................ ....... ....... 696 * Candidate for J.D., May 2020, Washington and Lee University School of Law. I began my law school career just a year and a half after suffering a traumatic T6 spinal cord injury. New to navigating the world in a wheelchair, I became interested in disability rights and the legal perspective to accessibility. I would like to thank my family for their unwavering support and love, as well as the many communities that rallied behind me after my accident. 689