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Accessibility Rules Americans with Disabilities Act (ADA) Public Accommodation

Seyfarth Shaw LLP

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Cozen O'Connor

DOT Issues Rule on Aircraft Lavatory Accessibility for Passengers with Disabilities

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On July 26, 2023 (the 33rd anniversary of the signing of the Americans with Disabilities Act), the U.S. Department of Transportation (DOT) released a final rule that amends the agency’s air travel disability accommodation...more

Jackson Lewis P.C.

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

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Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Arnall Golden Gregory LLP

Venue Operators, Plaintiffs’ Attorneys Have Their Sights on Your Sites

It is not hard to see the impact the Americans with Disabilities Act (“ADA”) has on the layout of American sports and entertainment venues. Wide ramps, dedicated seating areas, and special elevators have all become...more

Seyfarth Shaw LLP

ADA Title III Federal Lawsuit Filings Hit An All Time High

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Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping. As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more

McAfee & Taft

Tenth Circuit kills ‘tester standing’ in accessibility lawsuits

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In January, the Tenth Circuit, which covers Oklahoma, effectively killed “tester standing” for Americans with Disabilities Act (ADA) Title III cases and Fair Housing Act cases. For many years, individuals with disabilities...more

Seyfarth Shaw LLP

Ninth Circuit Makes Clear In Trilogy of Decisions That Disability Access Complaints Without Specific Barrier Allegations Will Be...

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Seyfarth Synopsis: Ninth Circuit concludes in trilogy of disability access cases that complaints must specifically allege unlawful conditions....more

Carlton Fields

Not If, But When: Applying the ADA’s Accessibility Requirements to Mobile Apps

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Americans with Disabilities Act (ADA) accessibility suits continue to flood federal court dockets in New York, California, and Florida. Neither Title III of the ADA nor the implementing regulations mention websites. Yet,...more

Seyfarth Shaw LLP

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

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Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more

Seyfarth Shaw LLP

A Second California State Court Judge Says the ADA Covers Online-Only Businesses

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Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more

Baker Donelson

Tips for Ensuring Your Workplace is Title III Compliant

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While some of the challenges our Team Alex participants faced were adjustments to how to use the assistive mobility device, others had to deal with the accessibility of the building. ...more

BCLP

Are Your Gift Cards Accessible? Lawsuits Assert Gift Cards Should Be Offered in Braille

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In addition to concerns surrounding the accessibility of a business’ website, retailers now have a new concern – the accessibility of their gift cards. Plaintiffs have recently filed a number of lawsuits alleging that the...more

Seyfarth Shaw LLP

New York Judge Criticizes Plaintiff’s ADA Firm For Refusing to Discuss Early Settlement and Engaging in Fee-Churning Litigation...

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Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year.  A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted...more

Eversheds Sutherland (US) LLP

HAL are you ADA compliant? Recent suits raise questions about digital kiosk compliance under ADA 

A recent spate of suits against several major retailers has raised questions about whether self-service checkouts and other kiosks must comply with the requirements of Title III of the Americans with Disabilities Act (ADA)....more

Troutman Pepper

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

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The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more

Weintraub Tobin

Ninth Circuit Clarifies The Interactive Process Does Not Apply To Public Accommodations Under Title III

Weintraub Tobin on

The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore...more

Seyfarth Shaw LLP

Florida Judge Sanctions Serial Ada Plaintiff Alexander Johnson And Attorney Scott Dinin

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Seyfarth Synopsis: Serious sanctions imposed on a serial ADA Title III plaintiff and his attorney should concern the plaintiffs’ bar....more

Seyfarth Shaw LLP

Justice Department: Businesses Can Provide Less Than 36" Of Clear Sales/Service Counter Space If Counter Is At An Accessible...

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Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses....more

Fox Rothschild LLP

How To Avoid ADA Title III Website Cases That Target Hotels & Motels

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As I posted last year, the next wave of Americans with Disabilities Act (“ADA”) Title III litigation was going to focus on hotels and motels and their reservation systems. And, I was right. These cases are primarily...more

Best Best & Krieger LLP

New Disability Access Informational Notices Required in California - AB 3002 Took Effect Jan. 1

Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more

Seyfarth Shaw LLP

Ohio Governor Signs Bill Requiring Plaintiffs To Provide Pre-Suit Notice For Physical Access Violations

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Seyfarth Synopsis: A new Ohio law will require notice and opportunity to cure as a prerequisite for a plaintiff’s recovery of attorney’s fees in physical accessibility lawsuits. ...more

Jackson Lewis P.C.

Court Finds Standing Requirement For ADA Title III Claim Requires Plaintiff To Have “Concrete And Realistic” Plan To Return To The...

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A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more

Chambliss, Bahner & Stophel, P.C.

Lawsuit Alleges Assisted Living Facilities Discriminate Against Wheelchair Users

A lawsuit in New York state highlights an issue with some assisted living facilities: No wheelchairs allowed. The lawsuit claims that state regulations and facility policies discriminate against residents and potential...more

FordHarrison

Does Your Business Comply with the ADA's Accessibility Requirements?

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Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with...more

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