Editor’s Note: In this week’s The Rabbit Hole, reporter Gabrielle Russon dives deep into the more than 300 federal lawsuits filed in Florida. In the story below, Russon examines the delicate balance between the spirit of the Americans with Disabilities Act and the realities of small businesses affected by one very prolific lawsuit filer. The Rabbit Hole, a long-form weekly series that untangles one complicated topic in the U.S. Courts, is available to paid subscribers. To upgrade your subscription, please click here. - Seamus
On Nov. 21, Tavia Wagner, who uses a wheelchair from a congenital spinal condition, sued an upscale restaurant in the Orlando suburbs for violating the Americans with Disabilities Act (ADA).
The lawsuit was merely one of eight she filed that day. Targets of alleged Americans with Disabilities Act violations included a boutique children's indoor playground, a Puerto Rican BBQ restaurant, and a Japanese bar that were all on the same street in the trendy Orlando Mills 50 neighborhood. Wagner also sued a Dunkin’ Donuts and then a discount outlet store.
Wagner is one of the most prolific ADA litigators in Florida.
She has been a plaintiff in 350 federal complaints, including about 70 lawsuits this year alone, accusing businesses of violating the ADA, the landmark Civil Rights Act meant to protect people with disabilities from discrimination in restaurants, stores, and other places.
Sometimes she files her lawsuits in batches, several at a time, as she did on Nov. 21. Not even the COVID-19 pandemic could stop her litigation. She kept suing in 2020 and 2021 during a time of economic crisis for many small businesses.
Local business owners fear her.
Subscribe to Court Watch to read the rest.
Become a paying subscriber of Court Watch to get access to this post and other subscriber-only content.
Upgrade