ADA Lawsuits: Drive-By Lawsuits Against Restaurants & Bars

Cabaret Design Group

What are an ADA drive-by lawsuits? Learn why grandfathering is no longer effective and how to avoid frivolous lawsuits.

 

Does the world seem to be getting more and more out of control? It seems that life here in the U.S. gets crazier by the day. Is this a sign of desperate times or an overly-litigious society? Or is it about people looking to make a fast buck? Just think about the frivolous lawsuits we read about every day. Here’s a few by the Huffington Post:

  • “Man Sues Parents For Lack Of Love” 
  • “Is The MET Tricking Visitors Into Paying For Admission?”

FRIVOLOUS LAWSUITS GROWING EXPONENTIALLY

If I’d ever thought about filing the first one, my Mother would have shown me what a ‘lack-of-love’ is really all about Lol!! If this doesn’t resonate with you, then it’s because you either don’t watch the news or don’t live in the U.S. But wait…it doesn’t stop there. Speaking of unthinkable lawsuits, many hotel, restaurant and bar owners are constantly being attacked over ‘slip-and-fall’ accidents. It doesn’t stop there. Apparently, some people go to the local bar to pad their bank accounts. Clients tell me stories like these all the time. Here’s the latest fad: “Drive-by ADA lawsuits.” I was recently made aware of this by a very close friend and client. When I heard that story I felt as though I’d been sucker-punched. I can hardly imagine how he feels.

DRIVE-BY ADA LAWSUITS AND ‘FREQUENT FLIERS’: WHAT NIGHTCLUB OWNERS NEED TO KNOW

Cabaret Design Group

The term “Drive-By ADA Lawsuit” refers to people who merely drive-by various establishments, in search of ADA violations. Some attorneys have websites that recruit people with disabilities for the sole purpose of filing drive-by lawsuits. Potential clients earn up to $4,000 each time they aren’t able to use something at a business because of their disability! Some have become ‘frequent filers’. These are disabled people who make significant money by filing multiple ADA claims with the help of unscrupulous lawyers. The respective business owner must pay not only the fines, but the plaintiff’s attorney’s fees (as well as their own) and all necessary building alterations.

WHY GRANDFATHERING IS NO LONGER AN OWNER’S SECURITY BLANKET

If you own a hotel, restaurant or bar, you’re probably familiar with the term ‘grandfathering.’ Traditionally, a business owner is  ‘grandfathered’ (exempted) from compliancy with local building and zoning codes enacted after a given building was constructed. Included in this exemption is compliance with the Americans With Disabilities Act of 1990, commonly known as ‘ADA.’ ADA was legislated to prevent discrimination against people with disabilities.

Under ‘Title III’ of ADA, no individual may be discriminated against using a public accommodation (inns, hotels, recreation, transportation, etc.) on the basis of that individual’s disability.

FAQ

Most frequent questions and answers

According to Hank Falstad, AIA, “ADA is federal statute and therefore supersedes all other building codes.”

Cabaret Design Group
FAMILIAR ADA BATHROOM SIGNAGE

MUNICIPALITIES ARE UNDER PRESSURE

Municipalities everywhere have the burden of upgrading existing buildings to ADA standards. This applies to buildings constructed prior to 1990. Traditionally, the grandfathering standard included ADA. I support ADA. I’ve always felt that grandfathering was a good and fair concept. Most drive-by lawsuits are filed against ‘mom-and-pop’ business owners. These are people who often times do not have the wherewithal to make the necessary improvements.

RELATED DOWNLOAD:

ADA Guidelines for Small Business Owners

CALIFORNIA IS “GROUND ZERO” OF DRIVE-BY ADA LAWSUITS

Drive-by stories have been around since 1990. California is “ground zero” to the epidemic that has become drive-by ADA lawsuits. According to a story published in ‘Paralyzed Veterans of America,’:

  • “In late September 2012, California Governor Jerry Brown signed state Senate Bill 1186. This placed restrictions on remedies available under  ADA lawsuits in California.
  • California had previously passed a law that made every ADA violation worth $4000, plus attorney’s fees.
  • Nowadays, more “drive-by” lawsuits have happened in California than any other state – more than 40% of all ADA lawsuits nationally.”

BEWARE

Businesses across the country have been slapped with thousands of drive-by lawsuits in recent years. The ADA does not currently require that individuals give the businesses notice of the alleged ADA violations before filing suit. Therefore, these lawsuits are often unexpected.

LAWYERS WHO ILLEGALLY RECRUIT PLAINTIFFS

In the April 25, 2012 edition of the “ROHO” blog postby Bob Vogel, ‘ROHO Blog Post ADA Drive-By Lawsuits,’ (download below): 

“A handful of lawyers and people with disabilities are using the well-intentioned ADA accessibility laws.

In California and Florida, lawyers rake in huge amounts of cash by filing hundreds. In some cases, thousands of ADA-access lawsuits.

For these states it is not uncommon to read about a single person filing more than two dozen ADA-access lawsuits a week.”

Cabaret Design Group
BUILT-IN ADA ACCOMMODATION FOR COMMERCIAL BARS

BAR OWNERS ARE EASY-PICKINGS

Extreme profitability is why ADA lawsuits against hospitality owners are exploited. Consider the following:

  • “There are non-disabled lawyers that see the dollar signs in this area. They recruit people with disabilities to file ADA lawsuits…
  • A website for one such attorney reads “Confined to a wheelchair in California? You may be entitled to $4,000 each time you can’t use something at a business because of your disability.”
  • One such example the site provides is a restroom mirror installed too high. The site says, “You may be entitled to $4,000!”
  • The way the law is currently written is vicious. Even if a business fixes the violation right away, the person filing the suit has already been harmed by the violation. Therefore, they can still sue and no warning is required.”

For bar owners trying to avoid an ADA lawsuit:

  • Provide exterior improvements, such as parking lot striping
  • Accessible entryways and ramps
  • Accessible restrooms and associated signage
  • Built-in ADA accommodations at the bar (refer to the photo, above right)
  • ADA tables

BAR DESIGN TIP:

When it comes to ADA compliance, become proactive. Although many bar owners would have a multitude of projects, the goal is to establish a priority list and begin whittling it. Most judges would be lenient towards those who have a program.

PROPOSED LEGISLATION

In the April 30, 2012 edition of the “California Lawyer,”’ ‘Targeting ADA Violators,’ (download below), Senator Dianne Feinstein (D-CA), wants to stop “drive-by” lawsuits against business owners:

“Last year, a bill that would give business owners 120 days to fix violations from the time a demand letter was received was voted down. Senate GOP leader Bob Dutton is pushing for a similar bill, reducing the time allowed to 90 days.”

HOW CAN OWNERS PROTECT THEMSELVES AGAINST ADA DRIVE-BY LAWSUITS?

Where is the sanity in all of this? Better yet, where is the fairness? Please don’t become a victim of a senseless drive-by ADA lawsuit.

Downloadables:

Americans with Disabilities Act of 1990

ROHO Blog Post ADA Drive-By Lawsuits

Targeting ADA Violators

Need Help with your bar plans?

Designing a bar can be time-consuming and frustrating. Contact us today for your free consultation!
Your Ad Could Be Here on Cabaret Design Group Website
Posted in
Your Ad Could Be Here on Cabaret Design Group Website
Your Ad Could Be Here on Cabaret Design Group Website
Your Ad Could Be Here on Cabaret Design Group Website

RICK UZUBELL

President of Cabaret Design Group, Rick holds a degree in mechanical engineering from Purdue University, and is a F&B consultant and well-known bar design expert with years of experience serving hotels, restaurants, sports bars and destination bars. He has developed a command of bar design solutions involving ergonomics, equipment, systems and finishes that bridges the "Gray Zone" between interior designers and architects. He's also a champion of ADA design in commercial bar applications. Through his unique architectural engineering approach he calls "Integrated Bar Design," Rick solves complex bar design challenges beyond the expertise of typical design professionals. His proudest achievements include curved bar design solutions using the modular bar die system and steel as a core design element. As a commercial bar design specialist, Rick has cutting-edge knowledge of draft beer systems, liquor systems, keg room design and batch cocktail systems. He will add significant value to any commercial bar design project. Rick is a proud member of the F&B consortium known as the "Magnificent 7". Additionally, he has authored nearly 100 articles and 80 YouTube videos on the topic of bar design, and these can be found on his Cabaret Design Group website and @bardesigners YouTube channel. Today, Rick's influence extends across the U.S., Canada, and various offshore applications.
Scroll To Top
Sam Winer, audio and video specialist for security-integrated food and beverage consulting

Sam Winer

AV + Security Specialist | President,
WinStar Video Security

Sam Winer leads WinStar Video Security with over 20 years of experience designing and installing advanced surveillance, audio, and communications systems for restaurants, bars, and QSR chains. His firm delivers HD, AI-powered security systems, immersive AV experiences, and cellular signal boosting that meets the demands of modern hospitality venues.

From single-unit lounges to high-volume chains, Sam’s work focuses on guest experience, loss prevention, and operational reliability. He’s known for helping operators select the right systems — then install and maintain them for long-term performance.

Sam is a trusted integrator for projects that require technical precision and rock-solid uptime — whether building from scratch, upgrading legacy systems, or opening at scale.

James Farley, structural engineer supporting food and beverage design for commercial hospitality builds

James Farley, PE, SE

Structural Engineer | Owner,
MC Squared, Inc.

James Farley is a licensed structural engineer with deep experience designing commercial buildings across the U.S. He is the owner and principal at MC Squared, Inc., where he leads structural design for a wide range of mid-rise hospitality, retail, and mixed-use projects.

James specializes in turning complex architectural visions into sound, code-compliant structures. His work spans steel, wood, concrete, and hybrid systems — and he’s known for his speed, clarity, and ability to collaborate closely with design teams to support aesthetics without compromising performance.

Licensed in multiple states, including Washington and Arkansas, James plays a vital role in bar and restaurant projects that demand both technical integrity and visual impact.

Garrett Lennon, foodservice design consultant for healthcare, higher ed, and hospitality projects

Garrett Lennon

Design Consultant | President,
JLR Design Group

Garrett Lennon brings over 20 years of experience across foodservice operations, kitchen design, and consulting. As President and Principal of JLR Design Group, he leads projects in hospitality, healthcare, higher education, and institutional environments — where functionality, compliance, and guest satisfaction must align.

With a background in both management and engineering, Garrett excels at bridging frontline realities with technical performance. His team is known for translating operational needs into layouts that perform day after day, year after year.

Whether supporting a hospital kitchen upgrade, a campus dining overhaul, or a high-volume hospitality venue, Garrett focuses on designs that last — clean, compliant, and centered on the user experience.

Dylan Halaszynski, food hall design expert and compliance-driven food and beverage consultant

Dylan Halaszynski

Food Hall Specialist | Founder,
Bayard FSD

Dylan Halaszynski launched Bayard Food Service Design with a singular goal: to bring sharp technical fluency to the complex world of nontraditional foodservice models. His work focuses on unique formats like food halls, shared prep kitchens, and market-style dining — where code compliance and creative layouts must coexist.

With a background in construction management and boutique consulting, Dylan’s superpower is translating regulatory code into efficient, scalable spaces. He’s worked closely with Departments of Health across multiple U.S. jurisdictions and is known for identifying and solving challenges that would stall less experienced teams.

As an FCSI professional, Dylan pairs technical credibility with a next-gen mindset. He’s a go-to strategist for clients exploring urban revitalization projects, hospitality incubators, and unconventional culinary concepts — helping them move quickly, stay compliant, and stand out.

Kevin Moll, hospitality advisor and multi-unit food and beverage consultant

Kevin Moll

Hospitality Advisor | President,
Restaurant Consulting Services

Kevin Moll is a 39-year hospitality veteran, known for his unmatched insight into startup strategy, turnaround planning, and talent acquisition. As President of Restaurant Consulting Services, Inc. and its sister company Restaurant Recruiting Pros, he delivers full-spectrum solutions — from concept to culture.

His operational experience spans World’s Fair-scale foodservice, multi-unit ownership, and high-performance recruiting. He’s been featured on ABC’s Nightline, authored two books, and founded “Mystery Shoppers,” a global brand trusted by operators worldwide.

Kevin blends street-smart practicality with boardroom-level advisory, making him an invaluable partner to entrepreneurs, executives, and investors alike. Whether launching a new brand or revitalizing an underperforming venue, his work bridges hospitality intuition with data-driven execution — unlocking growth where others see obstacles.

Lu Schildmeyer, restaurant and bar design specialist with deep expertise in foodservice facility consulting

Lu Schildmeyer

FCSI Designer | Founder,
LU S Design Associates

Lu Schildmeyer has shaped more than 2,800 hospitality environments across the U.S. and Canada — including over 700 restaurants and 600 bars. With nearly four decades of experience in foodservice facility design, custom stainless steel millwork, and health code compliance, Lu is a trusted specialist for operators who demand technical precision and operational fluidity.

His work spans every segment of the hospitality industry — from boutique bistros to high-volume entertainment venues — where performance, durability, and code alignment must all coexist. Known for practical layouts and forward-thinking BOH integration, Lu brings peace of mind to architects, developers, and chefs who want their kitchens to run as smoothly as their dining rooms.

As an FCSI member, Lu blends aesthetic coordination with engineer-grade accuracy. His shop drawings are regarded as gold standard in foodservice environments, and his ability to anticipate permitting, clearance, and sanitation requirements has saved clients time, risk, and rework at every stage of the build.

Craig Pendleton, food and beverage consultant with a focus on tribal gaming and high-performance dining operations

Craig Pendleton

F & B Consultant | Founder,
National Foodservice Consulting

With more than 50 years in the food and beverage industry, Craig Pendleton brings unmatched operational insight to every project he touches. From national brands to independent operators, his advisory work is grounded in deep experience and a no-nonsense approach to profitability, workflow, and guest experience.

Over the past three decades, Craig has helped launch more than 100 successful venues — including restaurants, casinos, and specialty dining concepts across the U.S. His consulting engagements focus on marrying smart design with real-world management, often bridging the gap between creative vision and operational execution.

Craig’s expertise is especially valued in Tribal gaming environments, where sovereignty, cultural fluency, and long-term sustainability must align. He approaches these partnerships with respect, precision, and a commitment to self-determination — creating foodservice strategies that support community goals while optimizing guest satisfaction and fiscal results.

Colin Addley, global construction strategist and food and beverage consultant for hospitality development

COLIN ADDLEY, MCIOB

Construction Strategist | Founder,
ADDMORE Services

Colin Addley is a Chartered Builder (MCIOB) with over 40 years of experience leading complex construction projects across six continents. His expertise spans construction management, quantity surveying, and international development strategy — particularly in hospitality, resorts, and commercial spaces.

As the founder of ADDMORE Services, Colin works with a global network of professionals he’s personally vetted — including quantity surveyors, site engineers, project managers, and planners — all of whom operate with the same rigor and high-performance mindset. He’s directed projects in the UK, UAE, South Africa, Germany, and North America, earning a reputation for precise execution on fast-moving, high-stakes initiatives.

Whether it’s developing a new food hall in Johannesburg, overseeing a hospitality rollout in the Gulf States, or helping U.S. brands expand overseas, Colin brings logistical clarity and on-the-ground insight to every venture. His work consistently blends old-school project discipline with contemporary collaboration — making him a powerhouse for any project that spans borders, teams, or time zones.

Rick Uzubell, bar design expert and food and beverage consultant specializing in integrated bar systems

Rick Uzubell

Bar Design Expert | Founder,
Cabaret Design Group

Rick Uzubell is a recognized authority in commercial bar design — especially in the elusive “Gray Zone” where architecture, code, and performance intersect. As the creator of Integrated Bar Design, he solves complex spatial and system challenges beyond the reach of typical design professionals.

His signature touches — curved bars, modular steel systems, and ADA-first layouts — have shaped elite projects across the U.S., Canada, and offshore markets. With nearly 100 published articles and over 80 YouTube videos, Rick is a prolific voice for smarter, more profitable bar environments.

Rick’s method blends aesthetic flow with compliance-forward spatial logic — resolving the often-overlooked tensions between building codes, bar efficiency, and guest engagement. His modular steel systems have become a calling card for operators who want high-volume throughput without sacrificing service quality or ADA inclusion.

Beyond design, Rick is a thought leader and educator in the hospitality space. His articles and videos have helped thousands of restaurateurs, architects, and consultants rethink the way bars are built — and how they perform.