NEW SMYRNA BEACH, Fla. – Local business owners in New Smyrna Beach sued for violating the Americans with Disabilities Act said settling the lawsuits is their only option because fighting in court could bankrupt them.
The Americans with Disabilities Act, or ADA, is a federal law passed in 1990 and updated in 2008. It protects people with disabilities from discrimination in four key areas: employment, government services, public businesses and telecommunications.
For businesses, there are a list of ADA regulations they must follow including removing barriers and proving access, such as ramps, accessible restrooms and lowered service counters.
Business owners share struggle with ADA lawsuits
Emily and Michael Colon, owners of the The Taco Shack in New Smyrna Beach for 15 years, refinanced their home after the restaurant was sued in 2019 for ADA violations.
“It’s been hard. It’s been a stress on us,” the Colons told News 6.
The Colons hired an engineering firm to inspect and fix the issues, updating the restroom, ramps and parking spots. The cost for upgrades, legal fees and settlement added up to thousand of dollars.
[WATCH BELOW: New Smyrna Beach city commission votes down ‘pedal pubs’ proposal]
In 2025, the Colons were sued again by the same woman, Tavia Wagner, for more ADA violations. News 6 uncovered a woman with the same name has filed more than 300 lawsuits against businesses across Florida. It appears most of those lawsuits were ADA-related.
“One of the main things they got was my handicapped parking,” said Ruth Ann Fike, owner of Ruthy’s Kozy Kitchen in New Smyrna Beach.
Fike, who has owned the restaurant for about 20 years, settled with Wagner last December.
“I didn’t know anything was wrong with the handicapped parking lot. No one ever complained about it. No one ever said anything about it. I didn’t know. How can I fix something I don’t know?” Fike said.
Fike said it will cost her around $96,000 to finish making her restaurant ADA compliant.
“I’d have to close the restaurant, or I’d have to refinance it, and I’m not doing that,” Fike said.
Wagner’s attorney did not respond to News 6’s call and emails for comment.
ADA enforcement and city response
The Department of Justice’s Civil Rights Division enforces the ADA. News 6 asked the department if it is aware of hundreds of ADA lawsuits filed by the same plaintiff and what the organization’s message is to businesses. News 6 received this statement from a DOJ spokesperson:
The Civil Rights Division’s Disability Rights Section routinely meets with outside groups to hear concerns and works to achieve equal opportunity for all people with disabilities in the United States. The ADA’s proper enforcement supports equal access for Americans and should never be used without a good-faith basis. We encourage those with input to share their thoughts through the Department’s official ADA complaint portal.
Department of Justice spokesperson
The City of New Smyrna Beach said “relevant city staff” are aware of the lawsuits against local businesses. According to a spokesperson, the city’s fire marshal evaluates ADA compliance for new or renovated businesses.
“Among the approximately 4,000 businesses operating in New Smyrna Beach that haven’t recently had this type of interaction with us, ensuring accessibility compliance rests solely with them,” said Phillip Veski, the city’s public information officer.
Why ADA violations persist
Michelle Uzeta, executive director of the Disability Rights Education and Defense Fund, said most ADA lawsuits challenge real violations.
“Instead of looking at the people who are filing the lawsuits — which are, you know, 95% of the time challenging actual violations of building standards, ADA standards, local standards — that we focus on why after 35 years businesses are still not compliant with accessibility requirements,“ Uzeta said. “Is it intentional? Is it a lack of education? Is it a lack of resources? Those are the questions we really should be asking.”
Uzeta noted that recent federal changes have made ADA education harder to access.
“The federal government has historically had a lot of information on their websites, guidelines for small businesses, guidelines for local governments on how to be accessible, how to meet standards. Under the current administration, unfortunately, some of those guidelines are being pulled, which actually harms the business community as much as it harms the disability community,” Uzeta told News 6.
[WATCH NEWS 6 INVESTIGATES REPORT: Universal altered report about roller coaster death after state agency intervened]
The Department of Justice pulled nearly a dozen ADA accessibility guidelines from its website. Half of the guidelines were from the pandemic. The rest include ADA assistance at gas stations and accessibility at hotels.
News 6 asked the Department of Justice why it pulled the guidance and if it is concerned businesses could be more susceptible to lawsuits because of this. A spokesperson said, “No comment.”
According to a press release on the DOJ website, the agency withdrew the guidance to “streamline” ADA compliance resources for businesses.
The release stated the “withdrawal of the 11 pieces of unnecessary and outdated guidance will aid businesses in complying with the ADA by eliminating unnecessary review and focusing only on current ADA guidance. Avoiding confusion and reducing the time spent understanding compliance may allow businesses to deliver price relief to customers.”
Resources available to businesses
Businesses can access federal tax incentives to improve ADA accessibility.
Tax credit: Businesses with $1 million or less in revenue or 30 or fewer full-time employees can claim up to $10,000 annually for improvements such as barrier removal and adaptive equipment.
Tax deduction: Available to businesses of any size for removing architectural or transportation barriers.
The City of New Smyrna Beach said local business owners in New Smyrna Beach, may contact Economic Development & Community Redevelopment Agency Director Samantha Bergeron to seek guidance or grants for their specific situation.