NFIB v. Architectural and Transportation Barriers Compliance Board--NFIB Sues Over Costly ADA Guidelines

U.S. District Court for the District of Columbia

The NFIB Legal Foundation sued the Access Board to force this federal agency to consider the impact that new ADA guidelines will have on small businesses. NFIB claims that in issuing new ADA standards in 2004 – guidelines that will impact hundreds of thousands of small businesses – the Access Board did not comply with the Regulatory Flexibility Act. The Access Board’s cost estimate for the new ADA standards was flawed and violated the RFA. 

Status: Decided. NFIB complaint filed July 1, 2005. Cross-motions for summary judgment filed in 2005. Government's motion to dismiss was granted Nov. 3, 2006.