Statute of Limitations for ADA Title III in California

The Americans with Disabilities Act provides a remedy for those who cannot access certain locations due to a failure to accomodate their disability.

One of the most frustrating experiences an individual can have with American civil law is to lose an otherwise valid case or claim because of the failure to meet a technical requirement. As with other types of lawsuits, this is a concern when bringing an ADA Title III claim in California. Knowing which statute of limitations is applicable to your claims can help you avoid such a pitfall.

What isTitle III of the ADA?

The Americans with Disabilities Act, commonly known as the ADA, is designed to allow those with disabilities to fully participate in American life. Title III of the ADA is concerned with new construction and alteration to publicly accessible buildings and facilities such as businesses, designed to allow all Americans to access them. The statute also allows a disabled American who is denied access to such a facility to lodge a complaint with the U.S. Department of Justice, or to file a civil lawsuit against the owner.

What Is a Statute of Limitations?

Even when one party has a valid civil claim against another, he must still bring his action within the required time period in order to succeed in his case. The time period in which a type of action must be brought is called the statute of limitations.

The ADA's Statute of Limitations in California

The ADA itself does not contain a statute of limitations. Because the ADA is a federal statute, ADA claims are almost always brought in federal court. For such actions, federal courts apply the statute of limitations of the most analogous state statute. Thus, the statute of limitations for ADA claims can vary from state to state. In California, the federal courts have determined that disability discrimination claims, including those brought under both the federal and state ADA statutes, are subject to California's one-year statute of limitations on personal injury claims. Obviously, if the business has not repaired its premises to comply with ADA at the time the suit is brought, the statute of limitations will normally not apply.

References

• Pickern v. Holiday Quality Foods, Inc.,, 293 F.3d 1133, n.2 (9th Cir. 2002).
• 42 U.S.C. § 12182 (ADA Title III, § 2)
• 42 U.S.C. § 12188 (ADA Title III, § 8)
• 42 U.S.C. § 2000a-3
• Legal Dictionary: Statute of Limitations