NGA News

Independent Grocers Urge House to Protect Supermarkets from Frivolous ADA Lawsuits

Nov 27, 2017

ARLINGTON, Va. (Nov. 27, 2017) – The National Grocers Association (NGA), the trade association representing the independent supermarket industry, and 28 state trade associations today urged the U.S. House of Representatives to pass the ADA Reform and Education Act of 2017 (H.R. 620) in a letter sent to lawmakers. The legislation would protect businesses from frivolous lawsuits brought by ethically questionable lawyers often only seeking a payout instead of protecting disabled patrons.

Independent supermarket operators are frequently targets for legal action, or threats of legal action, designed to force a business to settle out of court instead of sustaining a protracted and expansive legal battle. To give stores an opportunity to correct potential violations of the Americans with Disabilities Act (ADA), H.R. 620 would require supermarket operators to be given 60-days to respond to allegations after receiving written warning, and 120-days to make substantial progress toward addressing the alleged violation.

“In recent years, supermarket operators are no longer simply negotiating slip-and-fall lawsuits, but patent trolling and the threat of ADA litigation as well,” the group wrote to Speaker Paul Ryan (R-WI) and Minority Leader Nancy Pelosi (D-CA). “Often ADA litigators have never been in the store that they are threatening to sue, or do not have a client that has been injured or harmed in any way. These attorneys regularly send threatening letters to store owners in hopes of an easy settlement.”

“Independent grocers are committed to complying with all ADA guidelines and making their stores accessible to disabled customers,” said Chris Jones, vice president of government relations and counsel at NGA. “Any supermarket found to have shortcomings under the ADA should be granted an opportunity to take corrective measures without the threat of a frivolous lawsuit from lawyers who are more interested in making a buck than protecting the rights of the disabled.”

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Additional Media Resources

  • For the full letter, click HERE.