28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.175 Attorney's fees
Last updated June 11, 2026
What 28 CFR §35.175 requires of state and local governments.
In Plain Language
Courts and administrative agencies may award attorney's fees to the prevailing party in Title II cases. In practice, this means that plaintiffs who successfully sue a public entity for Title II violations may recover attorney's fees from the entity. This provision makes Title II litigation economically viable for plaintiffs — even when their individual damages are limited. It is a significant driver of private lawsuits.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.175
Verbatim from 28 CFR Part 35, current through June 9, 2026.
In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.
What § 35.175 Means in Practice
- Courts may award reasonable attorney's fees, including litigation expenses and costs, to the prevailing party in any ADA action
- Fee exposure is a major practical risk for public entities in private lawsuits
- The United States is liable for fees the same as a private party when it loses
- Fee awards are discretionary, but prevailing plaintiffs usually receive them
Common Questions
How much are attorney fee awards in Title II cases?
Varies widely. Cases involving significant violations or protracted litigation can result in six-figure attorney fee awards against public entities.
Can plaintiffs recover both damages and attorney fees?
Yes. In cases where compensatory damages are available, attorney fees are awarded on top of damages.
Does § 35.175 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830