ADA Lawsuits Haunt Hotels
By Catherine M. Corfee, Esq *
CORFEE STONE LAW CORP, 916-812-7322
In October 2024, ADA serial litigator disabled Theresa Brooke is out haunting hotels by filing lawsuits in California Central District federal court for alleged violations of the Americans with Disabilities Act (“ADA”). She alleges she lost her leg and uses a wheelchair. It is believed that Theresa Brooke is not a California resident. She alleges that she is an “avid traveler across California” for “leisure” and to “test” whether the hotels she visits comply with the ADA standards. Theresa Brooke has targeted hotels in Los Angeles and Orange County. She usually identifies non-compliant disabled parking, i.e., that the disabled parking space is not on the shortest route to the entrance and/or the hotel does not have a compliant access aisle at the passenger loading zone.
On October 1, 2024, Theresa Brook filed four (4) ADA lawsuits against four separate hotels, two of which are located in Temecula, one is located in Whittier and the other one is located in South El Monte. She alleges the same old, same old, i.e., that the parking is either not closest to the entrance or there is no ADA passenger loading zone. She claims she went to all four in “late June 2024.”
The ADA is not strict liability. The federal courts, however, are nearly making it so. The Ninth Circuit Court of Appeals ruled that a disabled person who intends to “test” a hotel for ADA compliance has standing to sue, and that motivation is not relevant. Compare the ADA to the California Unruh Act, where a disabled plaintiff is required to establish an intent to use the goods and/or services as the public would. Theresa Brooks generally alleges both a federal ADA claim and a California state Unruh Act claim.
By filing her lawsuit in federal court, plaintiff Theresa Brooke is able to evade the heightened pleading requirements of the California Unruh Act. In a California court, Ms. Brooke must identify whether she is a “high frequency litigant.” This means a plaintiff has filed 10 or more complaints within the 12-month period preceding the lawsuit. The court and/or jury are allowed to know these facts. There are more restrictions than federal court. In 2012, the California legislature adopted the stricter pleadings standards to deter baseless claims and vexatious litigation.
For ADA litigation defense or advise to potentially prevent a lawsuit, please contact Ms. Catherine M. Corfee, Esq. at 916-812-7322 or corfee.catherine@gmail.com Corfee Stone Law Corp. represents clients in Northern and Southern California
Nothing in this article is intended to expressly or impliedly provide legal advice.