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DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

Seyfarth Synopsis:  The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions....more

SDNY Judge Gets Tough on Serial Website Plaintiffs

Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing....more

W3C Adds Nine New Requirements In WCAG 2.2

Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility....more

SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4

Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more

SCOTUS UPDATE:  Opening Brief Filed in Acheson Hotels v. Laufer

Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more

A Consent Decree Can Provide Some Protection Against Future Website Accessibility Lawsuits

Seyfarth synopsis:  A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing consent decree that already...more

New York Continues to Be a Friendly Venue for ADA Title III Plaintiffs

Seyfarth synopsis: Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot....more

Long Overdue Report Shows Deficient Accessibility for Many Federal Websites

Seyfarth Synopsis: After ten years, the Department of Justice (DOJ) finally issued a report on the accessibility of federal government websites which exposes widespread accessibility barriers....more

Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022

Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021....more

ADA Title III Crystal Ball: What’s Ahead for 2023?

Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more

ADA Title III Crystal Ball:  What’s Ahead for 2023?

Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more

UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content 

Seyfarth Synopsis:  UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with...more

Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals

Seyfarth Synopsis: The California Court of Appeals puts an end to lawsuits against online only businesses in California and calls out DOJ and Congress for inaction....more

Robles v. Domino’s Settles After Six Years of Litigation

Seyfarth Synopsis: One of the most famous accessibility lawsuits of all time finally settles before trial under terms that may never be known....more

Website Accessibility Plaintiff Loses After Federal Trial On Standing and Other Grounds

Seyfarth Synopsis: A California federal court decided after a trial that a blind plaintiff did not have standing to bring a lawsuit about an inaccessible website under Title III of the ADA, and California’s Unruh Act only...more

Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs

Seyfarth Synopsis:  A recent Second Circuit decision holds that a plaintiff’s encounter with an alleged legal violation on a website, without more, does not give that plaintiff standing to sue under Title III of the ADA....more

Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings....more

The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights

Seyfarth synopsis:  The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

Gil v. Winn-Dixie: It’s Not Over Yet

Seyfarth synopsis:  Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges....more

Businesses Score a Few Recent Wins in Website Accessibility Lawsuits

Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California.  Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there...more

NY Federal Judge Puts the Kibosh on 17 Reservations Website Lawsuits Filed by Same Plaintiff

Seyfarth Synopsis:  After holding a consolidated evidentiary hearing, District Judge Brenda K. Sannes concluded that Plaintiff Deborah Laufer did not have standing to bring 17 lawsuits alleging that hotels failed to provide...more

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