The letter usually arrives without warning, a thick envelope accusing your Greenville shop of violating the ADA because of a ramp, a parking space, or a doorway you never thought twice about. You flip through pages of measurements and code sections and suddenly a place that has served customers for years looks like a liability. The shock is real, especially if no one has ever complained and you have always tried to treat every customer fairly.
Many Main Street retailers in Greenville are in older buildings or small shopping centers, and they assume that age, prior inspections, or landlord promises mean they are safe. They might hear about a neighbor on Augusta Street or off Woodruff Road who got hit with a drive-by ADA lawsuit, or they may receive a demand letter themselves. Questions start piling up fast. Is this real, are they just shaking me down, and what happens if I do nothing.
ADA compliance in Greenville is not just about good intentions, it is about very specific physical requirements for things like slopes, widths, heights, and clearances. Those details create strict legal obligations that courts can enforce even when a business owner is unaware of a problem. Willeford, Duff & Council regularly reviews local retail properties for ADA risk and defends businesses when these claims arise, and has seen how small site and layout issues can become expensive lawsuits. Understanding how that happens, and what you can realistically do about it, is the goal of this guide.
How Minor Design Flaws Turn Into ADA Lawsuits
Under Title III of the Americans with Disabilities Act, retail stores, restaurants, salons, and similar businesses are treated as public accommodations. The law focuses on whether customers with disabilities can physically access and use your space, not on whether you intended to exclude anyone. In practice, courts look at conditions like parking, ramps, entrances, aisles, counters, and restrooms and compare them to the ADA Standards for Accessible Design. If a condition does not meet those standards, a violation exists.
These standards are detailed and numeric. For example, accessible doors are generally expected to provide a clear opening of at least 32 inches when the door is open to 90 degrees. Accessible parking spaces are commonly expected to be nearly level, with pavement slopes limited to a small percentage in any direction so that wheelchairs do not roll unexpectedly. A ramp that rises too quickly, a counter that is an inch too high, or an access aisle that is slightly too narrow can all be cited as noncompliant. Plaintiffs and their consultants often show this with photos that include a tape measure or digital level, which makes arguments about “close enough” difficult later.
Because ADA violations function as strict liability, your intent does not change whether the law has been violated. A Greenville shop owner who relied on a contractor, inherited the space from a prior tenant, or passed a local inspection can still face a lawsuit if the physical conditions do not meet federal standards. Many owners initially blame technicalities or bad luck, but from the court’s perspective the failure is that the required access features were not built or maintained correctly. Willeford, Duff & Council evaluates these same measurements when assessing ADA risk for retailers and knows how quickly these small flaws can turn into leverage in a lawsuit.
Why Greenville Retailers Are Not “Grandfathered” Under The ADA
One of the most common things Greenville retailers say after learning about an ADA claim is that their building is too old for modern rules to apply. They may be in a brick storefront downtown or a strip center that predates the ADA. The assumption is that because the building code allowed the structure years ago, current accessibility standards do not fully apply. That is a persistent myth, and it often leads owners to underestimate their risk.
The ADA distinguishes between new construction, alterations, and existing facilities. New construction and major alterations are expected to meet current standards in most situations. For older, existing facilities, the law still requires businesses to remove architectural barriers when it is “readily achievable” to do so. Readily achievable is a legal term that describes changes that can be made without much difficulty or expense, considering the size and resources of the business. Courts have applied that concept to require many modest upgrades, even in older buildings.
In Greenville, that might mean installing or regrading a small curb ramp from a downtown sidewalk into a shop, adding proper grab bars and clear space in a restroom, or re-striping and signing a compliant accessible parking space in a small lot. City inspections or certificates of occupancy focus on local building code and life safety issues, not on all ADA specifics. Passing those inspections does not establish full ADA compliance, and courts typically do not treat that as a defense. Willeford, Duff & Council is familiar with how these rules play out in older Greenville commercial properties and can help retailers evaluate which changes are likely to be considered readily achievable, and which may require a different strategy.
How Drive-By ADA Lawsuits Actually Work
Many Main Street businesses first hear the phrase “drive-by lawsuit” after a neighbor gets sued. The term describes a pattern where a plaintiff or someone working with them systematically looks for ADA violations across dozens of businesses. They might literally drive through shopping centers, taking photos of parking lots, ramps, and storefronts, or use online images to identify easy targets. Once they see potential problems, they may visit briefly to check entrances, counters, and restrooms.
When these plaintiffs decide to file, they usually do not sue over just one issue. A typical federal complaint under Title III will list multiple alleged violations, such as parking spaces with incorrect slopes, missing or non-compliant access aisles, doors that are too narrow or heavy, counters that are too high, and restrooms without enough clear floor space or properly mounted grab bars. Each alleged defect is described with reference to ADA standards and sometimes with specific measurements. This allows the plaintiff to claim that the business has a pattern of noncompliance, not just a single oversight.
In many parts of the country, and in regions that include Greenville, the same plaintiff may file a series of nearly identical lawsuits against many small businesses in a short time. Federal law often lets successful plaintiffs seek their attorney fees from the business, which can make even modest claims expensive to fight. That fee-shifting structure, combined with strict liability, creates settlement pressure. Plaintiffs count on business owners feeling unprepared and overwhelmed. Willeford, Duff & Council has seen these serial filing patterns in practice and understands that an early, informed response can change the dynamics of negotiation and help control cost and disruption.
Common ADA Traps In Greenville Main Street Stores
Most Greenville retailers do not walk around their properties with a tape measure and a copy of the ADA standards. That is why the most common violations are often simple design or maintenance issues in areas everyone uses every day. Starting outside, accessible parking is a frequent problem. The number of accessible spaces, the width of each space and its adjoining access aisle, the slope of the pavement, and the placement and wording of signs all matter. A space that looks generous may still have too much slope, making it difficult for someone using a wheelchair to safely transfer, and that is exactly the type of detail a plaintiff will document.
Entrances and circulation paths inside the store create another cluster of risks. A single step or high threshold at the front door can be a barrier if there is no compliant ramp or alternative entrance. Even when the door is technically wide enough, heavy door closers or inadequate maneuvering clearance on the pull side can cause issues. Once inside, aisles between racks or displays that are narrowed by merchandise or temporary fixtures during busy seasons may fail to provide the clear width needed for customers who use mobility devices. Counter heights, including sales counters and service tops, are also scrutinized if there is no section at an accessible height.
Restrooms and interior fixtures often generate the longest lists of alleged violations. Plaintiffs and their consultants check whether there is adequate turning space for a wheelchair, whether grab bars are located at the correct heights and distances, and whether sinks, mirrors, and dispensers fall within allowed reach ranges. Even the type of door hardware can matter, since handles that require tight grasping or twisting can be a barrier for some customers. These are not exotic features, but when they are installed a few inches off from what the standards call for, they can create exposure. Willeford, Duff & Council works with accessibility professionals when needed to audit these areas for Greenville retailers and helps prioritize which issues present the greatest lawsuit risk so owners can focus resources where they count most.
Who Is Actually Responsible, You Or Your Landlord?
When a Greenville retailer receives an ADA demand, the first reaction is often to point to the landlord. The parking lot, the exterior walkways, the shared restrooms, and even the storefront design may all be controlled by the property owner or a management company. From the tenant’s perspective, it feels unfair to be sued over features they did not install and cannot easily alter. Under ADA Title III, however, both the landlord and the tenant that operates the public accommodation can generally be held responsible to the plaintiff.
This means that the person bringing the lawsuit is not required to sort out who did what in terms of construction or maintenance. Instead, the landlord and tenant usually have to look to their lease to see who will bear the cost and work of bringing features into compliance. Many commercial leases in Greenville allocate responsibility for ADA compliance in specific ways, for example placing interior compliance on the tenant and common area compliance on the landlord, or requiring one party to indemnify the other for certain claims. These provisions can significantly affect who ultimately pays for remediation and any settlement.
There are also gray areas, such as small shops in multi-tenant centers where customers park in common lots, enter through shared entrances, and use restrooms that serve several businesses. In those situations, the plaintiff may sue both landlord and tenant, and the internal responsibilities must be sorted out separately. Courts typically focus on whether the plaintiff faced a barrier, not on the details of the lease. Willeford, Duff & Council reviews both the physical site and lease terms for Greenville retailers facing ADA claims, so owners understand where they may seek contribution or indemnity and how that affects their strategy going forward.
How To Respond If You Receive An ADA Demand Or Lawsuit
If you receive an ADA demand letter or are served with a lawsuit, it can be tempting to either ignore it or pick up the phone and promise to fix everything. Both reactions carry risk. Ignoring communications can lead to a federal lawsuit moving forward without your input, which increases the chance of a default or rushed decisions. Making quick admissions or broad promises in writing can later be used against you if talks break down or if the scope of alleged violations grows.
A more effective first step is to preserve and gather information. That usually means taking clear photographs of the areas mentioned in the letter, along with basic measurements of things like parking spaces, slopes, door openings, and restroom fixtures. It also means collecting any prior inspection reports, building permits, and correspondence with your landlord or contractors about construction or renovations. Having your lease, any amendments, and relevant contractor agreements at hand allows your lawyer to quickly assess who may share responsibility.
From there, a lawyer can review the demand or complaint, compare it to the actual conditions on site, and evaluate which alleged violations are well founded, which are arguable, and which may not apply. In many cases, it makes sense to coordinate a more detailed inspection, sometimes with an accessibility consultant, to understand the full picture rather than negotiate in the dark. Counsel can then communicate with the plaintiff’s attorney, address deadlines for responding in federal court, and work to structure any discussions around a realistic remediation plan and a resolution of fees. Willeford, Duff & Council focuses on aligning the legal response with what a Greenville retailer can actually implement, and has experience negotiating with serial ADA filers in ways that aim to limit business disruption and total cost.
Reducing Your ADA Lawsuit Risk Before A Claim Hits
Waiting until a demand letter arrives often means making decisions under pressure. For many Greenville retailers, a better approach is to get a basic handle on ADA risk before a claim appears. That does not require turning your shop into a construction site overnight. It usually starts with a focused walk-through of the most commonly cited areas: accessible parking, routes from parking to the entrance, doorways and thresholds, aisles and circulation paths, counters, and restrooms.
During this walk-through, documenting what you see is critical. Simple photos, rough measurements with a tape measure, and notes about existing features help create a baseline. In some situations, especially in older or more complex spaces, bringing in an accessibility consultant can provide a deeper technical assessment. The key is prioritizing changes. For a small Greenville boutique, re-striping and signing an accessible space or adding a simple ramp at an entrance may be both readily achievable and highly effective at reducing immediate risk.
At the same time, ADA planning should be coordinated with legal strategy. Reviewing your lease and insurance policies can reveal whether you have any coverage related to ADA claims, what notice requirements apply, and whether your landlord has obligations to share in compliance costs. When you plan renovations, aligning them with accessibility upgrades can be more efficient than addressing issues one by one after complaints. Willeford, Duff & Council helps Greenville retailers build these proactive plans so improvements serve customers with disabilities and also reduce the chance that a professional filer will see the property as an easy target.
When It Makes Sense To Call A Greenville ADA Compliance Lawyer
Understanding the strict, measurement driven nature of ADA liability is only the first step. There are specific moments when talking with a Greenville ADA compliance lawyer can add significant value. If you have received a demand letter or lawsuit, are planning a renovation that will affect customer access, are negotiating a new lease, or have discovered apparent accessibility issues on your property, legal guidance can help you avoid missteps that might increase your exposure.
Because ADA Title III cases are federal civil rights actions where plaintiffs can often seek attorney fees if they prevail, these matters carry a different risk profile than many day to day disputes. Serial filers build their business model around those rules. Acting only after a complaint is filed, or relying solely on contractors or landlords, can leave you reacting rather than planning. A focused consultation with Willeford, Duff & Council can clarify where your greatest risks lie, how your lease and contracts affect responsibility, and what a realistic compliance and negotiation strategy looks like for your particular Greenville retail business.
