A federal appeals court in San Francisco has affirmed an award of attorney’s fees against a serial filer of litigation under the Americans With Disabilities Act who offered testimony that was found not to be credible.

The opinion from U.S. Court of Appeals for the 9th Circuit makes clear that ADA cases cannot be brought in federal court by ADA “testers” unless they have a genuine intent to return to patronize the stores they sue.

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Joe Dworetzky is a second career journalist. He practiced law in Philadelphia for more than 35 years, representing private and governmental clients in commercial litigation and insolvency proceedings. Joe served as City Solicitor for the City of Philadelphia under Mayor Ed Rendell and from 2009 to 2013 was one of five members of the Philadelphia School Reform Commission with responsibility for managing the city’s 250 public schools. He moved to San Francisco in 2011 and began writing fiction and pursuing a lifelong interest in editorial cartooning. Joe earned a Master’s in Journalism from Stanford University in 2020. He covers Legal Affairs and writes long form Investigative stories. His occasional cartooning can be seen in Bay Area Sketchbook. Joe encourages readers to email him story ideas and leads at joe.dworetzky@baycitynews.com.