Know your opponent. All investigations are run out of DOJ's Washington, D.C. headquarters and conducted by attorneys. The attorneys are supported by paralegals, a technical staff of architects, and outside contractors. Some of the attorneys come from other Justice Department agencies and have a prosecutorial background, demeanor and approach to compliance. Others have been working with accessibility issues for years.
Some attorneys are more attuned than others to legitimate business interests and concerns.
Be aware of DOJ's current priorities. Last year one emphasis was retail issues. Leading up to the Olympics, stadium and auditorium accessibility was near the top of the list. Now municipal access and transition plans are starting to get more attention. Having a sense of DOJ's priorities can help you decide how hard to push, and to avoid becoming a test case.