Nearly 12% of small businesses in the Tri-Community have been sued for alleged violations of the Americans with Disabilities Act (ADA) in just six months. Out of about 210 public-facing businesses, 25 have already been targeted by lawsuits, leaving many owners struggling to keep their doors open. These lawsuits were filed by just three serial plaintiffs, part of a growing statewide trend involving multiple individuals responsible for hundreds of claims. It is a constant attack on the livelihoods of small businesses across California. These lawsuits threaten our local businesses and the heart of the local economy.
At least 25 Tri-Community businesses have been blindsided by lawsuits filed under the ADA, often with no prior warning. Between June and December, 60 ADA lawsuits were filed in the Central District Court (federal), which includes San Bernardino County, by just three plaintiffs working with a single law firm. This law firm filed more than 1,400 claims in 2024 alone. These lawsuits are filed by serial plaintiffs and accuse business owners of not adhering to accessibility standards. Plaintiffs claim they have visited a business, encountered a barrier, and proceed to sue, demanding compensatory damages and attorneys fees and the removal of the barriers encountered because they claim they intend to return to patronize the business.
The ADA is a “U.S. civil rights law enacted in 1990 to prevent discrimination against individuals with disabilities. It establishes regulations for accessibility in public spaces, businesses, and facilities, ensuring equal opportunities. The law outlines compliance standards, such as accessible entrances, restrooms, and services, to remove barriers and promote inclusivity.” (www.ada.gov)
Many of the buildings in the Tri-Community are decades old, built before the ADA became law. This makes compliance extremely challenging for small businesses, especially in Wrightwood, where the mountainous terrain and limited space complicate ADA modifications like ramps or widened doorways. These lawsuits aren’t just isolated incidents but part of a growing issue across California that small rural communities like ours struggle to navigate.
“Of course, we want our businesses to be accessible,” said one local shop owner, who asked to remain anonymous due to ongoing litigation. “But being hit with a lawsuit out of nowhere doesn’t feel fair. Most of us don’t even know what we’re doing wrong until it’s too late to fix it.” These lawsuits feel less like an opportunity to improve and more like a tactic to pressure quick settlements.
This type of ADA lawsuit reflects a growing pattern across California, where serial plaintiffs file hundreds of claims targeting small, family-owned businesses in rural communities. Typically, a small business is sued for an alleged ADA violation, which could range from a missing ramp to a bathroom mirror hung an inch too high. Although the ADA’s purpose is to remove ADA accessibility barriers, these lawsuits often seem like extortion by pressuring small businesses into costly settlements rather than providing genuine opportunities for improvement.
In California, the stakes are even higher for small businesses. Under the Unruh Civil Rights Act, plaintiffs can seek monetary damages of $4,000 per violation and attorney’s fees, which can quickly add up to tens of thousands of dollars. For Tri-Community businesses already operating on razor-thin margins, these costs are devastating. Business owners face mounting pressure from plaintiffs’ attorneys to settle lawsuits rather than fight in court, even if they believe the claims are inflated or unfair. The process is designed to make settlements the cheaper option. However, for many, the financial toll is still too great, and they must still fix the violations or face being sued again.
Even if a business wins a court case, it is still required to comply with federal accessibility laws by addressing any violations. Failing to do so can expose the business to future lawsuits for the same issues and potentially new ones. On the other hand, losing in court can be even more financially damaging. If a business loses, it must correct the violations mandated by the court’s ruling and may also be liable for monetary damages, compensatory damages, and attorney’s fees for both parties.
Adding to the frustration, many businesses learn of these lawsuits through solicitations from lawyers offering to defend them. Unsolicited offers often arrive before any official documentation, which leaves business owners confused about their legal rights and scrambling to understand their true situation.
The financial and emotional toll is huge for small, family-owned businesses. The money now earmarked for legal expenses might otherwise be spent on day-to-day operations or reinvested in the community.
“This makes everything harder,” the shop owner explained. “It’s money we could be using for payroll or stocking inventory. And it means fewer donations to youth sports teams, events sponsorships, or fundraisers—things that are important to our community.”
Many businesses operate on tight margins, and the additional cost of a settlement or ADA upgrades can drive them to consider closing. This could significantly impact Phelan, Pinon Hills, and Wrightwood, where small businesses are key to the local economy.
Compliance upgrades are another significant expense, especially for older buildings in the Tri-Community. For example, businesses in Wrightwood face additional challenges due to the mountainous terrain, which makes adding ramps or other accessibility features far more difficult and costly. Making these modifications can cost tens of thousands of dollars. One option is for business owners to hire a Certified Access Specialist (CASp) to inspect their business. CASp inspections evaluate a property’s ADA accessibility compliance and help identify and address potential ADA violations. However, undergoing a CASp inspection doesn’t fully protect a business from being sued.
These lawsuits signify more than just legal challenges for Tri-Community businesses. They underscore the increasing struggle to operate while adhering to government regulations. Business owners are under significant pressure to upgrade outdated infrastructure, yet they often lack the financial resources or space to accomplish this.
“Our businesses are willing to make changes, but it’s a huge challenge when you’re working with limited budgets and limited options,” the shop owner said.
This wave of ADA lawsuits emphasizes the difficult balance small businesses must strike between meeting government regulations and staying in the black. In the Tri-Community, small businesses are essential to the local economy, and these lawsuits endanger much more than individual businesses. They jeopardize the rural lifestyle we all enjoy and the very survival of the Tri-Community itself. While eliminating accessibility barriers is essential, the current legal landscape leaves business owners feeling overwhelmed and unsupported.
To address this issue, collaboration among federal, state, and county representatives, legal advocates, and community leaders is essential. These groups can work together to establish grant programs that help small businesses fund upgrades for ADA compliance, provide tax incentives for accessibility improvements, and advocate for legislative changes that prevent exploitative lawsuits while still achieving accessibility goals. Without these reforms, we may face a continuous cycle of lawsuits that could have lasting adverse effects on our community, resulting in fewer businesses, fewer jobs, and fewer opportunities for growth.
This is a developing story. NewsPlus invites affected businesses and community members to share their experiences as we continue to investigate the implications of these lawsuits for the Tri-Community.
