Statute of Limitations on ADA Title III

The Americans with Disabilities Act of 1990 consists of five sections. Title III of the ADA prescribes the rules governing public accommodations. The Department of Justice certifies compliance with Title III guidelines, accepts public complaints, aids in mediation and, in some cases, the Attorney General may commence civil action if a pattern of discrimination exists.

Title III

• Per the Civil Rights Division of the Department of Justice, Title III of the ADA is silent with respect to a statute of limitations. However, when a federal court applies the ADA it will "apply the most analogous state statute of limitations."

Litigation

• The specific litigation can undermine the state's statute of limitations. In Doran v. Holiday Quality Foods, Inc., the U.S. Court of Appeals for the 9th Circuit found that when "a plaintiff seeks injunctive relief against an ongoing violation, he or she is not barred from seeking relief either by the statute of limitations or by lack of standing."

Injury Threshold

• The circuit court also found that if the plaintiff remains deterred from patronizing an establishment because of Title III violations, an injury has occurred. If the public accommodation remains non-compliant, and the plaintiff remains deterred from entry, the injury continues, thereby barring any time threshold.