ADA Title III Defense

ADA Lawsuit Defense

Facing an ADA Claim? You Can Resolve It Efficiently and Responsibly.ADA defense lawyer

Being served with an ADA Title III lawsuit can feel overwhelming—especially when you are doing your best to run your business. At the Law Offices of Michelle M. Funkenbusch, we help businesses navigate these matters with clarity, accuracy, and respect for the purpose of the ADA.

Our firm has extensive experience on both sides of ADA litigation. We represent individuals with disabilities seeking access, and we also defend businesses working to understand and meet their obligations. That dual perspective gives us unique insight into how these cases arise, how courts evaluate them, and how to reach practical, efficient, and fair resolutions.

Our goal is simple:
To help your business achieve compliance, reduce legal exposure, and resolve the matter in a way that serves both accessibility and your operational needs.

Our Approach to ADA Defense

1. Comprehensive Investigation

We begin with a thorough, good-faith evaluation of the allegations. Using qualified ADA and architectural experts, we objectively assess:

  • Whether a barrier exists under current ADA standards

  • Whether safe-harbor provisions apply

  • What modifications, if any, are required

  • What the most efficient corrective path looks like

You receive factual clarity—not guesswork or fear-based advice.

2. Prioritizing Real Compliance

Accessibility is not just a legal requirement; it is an opportunity to serve more customers.

Where changes are needed, we guide you through practical, cost-effective solutions. Where elements already comply, or where safe-harbor protects older features, we help you document that clearly and accurately.

When appropriate, efficiently achieving compliance can resolve a case early and reduce or eliminate exposure to fees.

3. Efficient, Respectful Resolution

We resolve ADA cases with the same professionalism and respect we bring to our plaintiff-side practice. Our focus is always on:

  • Clear communication

  • Fair, solution-oriented negotiation

  • Avoiding unnecessary litigation

  • Minimizing costs and business disruption

  • Ensuring long-term compliance and accessibility

Because we understand the motivations and legal standards on both sides, we can often resolve these cases faster and more effectively.

Why Our Dual Experience Matters

Representing both businesses and individuals with disabilities provides a balanced, informed understanding of ADA enforcement. We understand:

  • How accessibility impacts real people

  • How businesses struggle with changing regulations

  • How courts analyze compliance and standing

  • How to avoid needless conflict and focus on solutions

This perspective helps us guide clients toward resolutions that improve accessibility while protecting their financial and operational interests.

We do not view ADA testing or enforcement as adversarial—it is part of a larger legal framework intended to ensure equal access. Our job on the defense side is to help you navigate that framework correctly, respectfully, and efficiently.

Industries We Represent

We defend ADA Title III claims involving:

  • Retail & shopping centers

  • Restaurants & hospitality

  • Professional offices

  • Medical & dental practices

  • Gyms & fitness facilities

  • Gas stations & convenience stores

  • Property owners & commercial landlords

  • Website and digital accessibility (WCAG/WAI compliance)

No matter the allegation—parking, routes, restroom access, counter height, ramps, door pressure, or website accessibility—we help you understand the issue and resolve it.

Support From Start to Finish

An ADA lawsuit doesn’t have to disrupt your business or escalate into costly litigation. With the right strategy, you can resolve the matter efficiently, document compliance, and move forward with confidence.