This comment explores the evolution of Title III of the Americans with Disabilities Act (“ADA”) and argues for a new and more effective implementation of this important anti-discrimination law through the real estate industry. First, this comment discusses the intricacies of the ADA, including its revisions over time and impactful legislation it has spawned. Second, this comment addresses current practical and legal challenges to enforcement of Title III of the ADA, including commercial property owners’ lack of understanding ADA responsibilities, serial litigation, and standing in courts. Finally, this comment proposes a new emphasis on ADA enforcement within the real estate industry. Such focus would obviate the need for many private lawsuits, place responsibility for ADA enforcement on parties involved in commercial real estate transactions and result in more effective implementation of both the spirit and letter of the ADA.
R. Cameron Saenz,
Enforcing the ADA and Stopping Serial Litigants: How the Commercial Real Estate Industry Can Play This Key Role,
Tex. A&M J. Prop. L.
Available at: https://doi.org/10.37419/JPL.V6.I4.7