Accessibility Rules

News & Analysis as of

On Global Accessibility Awareness Day, DOJ Releases Agenda Indicating Progress in 2016; Omits Title III

This morning, on Global Accessibility Awareness Day, DOJ participated by issuing its Spring 2016 unified agenda, including upcoming regulatory actions on web accessibility and movie captioning. AA65: State and Local...more

West Coast Real Estate Update: May 2016 #3

California Adopts ADA Relief for Small Businesses - Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the...more

California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Governor Brown Signs Legislation Aimed to Curb ADA Accessibility Abuses in California

This past week Governor Jerry Brown signed Senate Bill 269. The new law is the latest attempt to curb lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related states laws which many businesses...more

Only a Bona Fide Patron of A Business Can Bring an ADA Suit, Maryland Court Holds

Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA....more

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

FCC Reminds Broadband Providers of Disabilities Access Duties

The Federal Communications Commission (FCC or Commission) has long-required regulated telecommunications service providers (as well as VoIP providers) and equipment manufacturers to make their services and devices accessible...more

Reminder: FCC Accessibility Reporting Requirements Due April 1

The deadline applies to all service providers and equipment manufacturers subject to section 255, 716, or 718 of the Communications Act. Service providers and equipment manufacturers subject to section 255, 716, or 718...more

Illinois Appellate Court Sheds Light on When Records Are Not “Reasonably Accessible” On A Public Body’s Website Under FOIA

The Illinois Freedom of Information Act (FOIA) was amended in December, 2014 to provide that a public body is not required to copy a public record that is published on the public body’s website. 5 ILCS 140/8.5. The exception...more

Annual Accessibility Recordkeeping and Contact Information Update Due April 1 at the FCC

By no later than April 1, 2016, entities providing telecommunications (now including broadband Internet access service), VoIP, advanced communications services (email, text), or mobile phone Internet browsers must certify to...more

ADA 'Drive-by' Lawsuits are Targeting Restaurants

An increasing number of plaintiffs’ attorneys are targeting restaurants, bars, and retail establishments in urban areas for “drive-by” lawsuits under Title III of the Americans with Disabilities Act (ADA). Despite its...more

West Coast Real Estate Update: Feb. 2016 #4

ASTM Updates Property Condition Assessments Standard - The American Society for Testing and Materials (ASTM) published at the end of 2015 the latest version of the Standard Guide for Property Condition Assessments:...more

Your daily dose of financial news The Brief – 2.4.16

Beware the toxic debt hangover, a nasty side effect of years of the aggressive stimulus policies governments and central banks around the world have engaged in to ramp up their economies. Trillions of dollars of bad loans,...more

AODA: Where are we? - News for Ontario retailers

Why is the AODA important to retailers? The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) has the goal of making the province of Ontario fully accessible by 2025. The first component required accessible...more

Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert...more

FCC Service Provider Hearing Aid Compatibility Report Due January 2016

All providers of digital commercial mobile radio service (CMRS) in the United States must file, by midnight January 15, 2016, FCC Form 655 reporting on the status of the provider’s compliance with the Federal Communications...more

FCC Expands Hearing Aid Compatibility Rules to Wi-Fi Calling and VoIP and Proposes Compatibility for All Handsets

On November 19, 2015, the Federal Communications Commission (FCC or Commission) adopted a Fourth Report and Order (R&O) and Notice of Proposed Rulemaking (NPRM), expanding its hearing aid compatibility (HAC) rules to cover...more

The Drive-by Plaintiff in the Hospitality Industry

July 26, 2015, marked the 25th anniversary of Title III of the ADA (“Title III”). The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is finalizing regulations affecting a variety of industries,...more

FCC Continues to Modify Accessibility Rules Governing Program Guides and Closed Captioning

The FCC has amended its accessibility rules to add new requirements for audible on-screen program guides and activation mechanisms for closed captioning and video description. It also proposed additional rule changes that...more

Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at...more

Coming Soon to a Workplace Near You: AODA Employment Standards

All organizations with 50 or more employees in Ontario will be required to comply with the accessible employment standards made under the Accessibility for Ontarians with Disabilities Act, 2005 starting on January 1, 2016....more

FCC Grants AT&T Waiver Request to Use Real-Time Text for Hearing Impaired Communications

On October 6, the FCC issued an Order granting AT&T a temporary limited waiver of the text telephony (TTY) rules “on wireless networks to the extent that they use Internet Protocol (IP) technologies.” In June 2015, AT&T had...more

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with...

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment...more

Justice Department Applies ADA Title III To Carnival’s Cruise Ships, Website, and Mobile App in a Landmark Settlement

In late July, coinciding with the 25th Anniversary of the Americans with Disabilities Act (“ADA”), the Department of Justice (“DOJ”) entered into a landmark settlement agreement with Carnival Corp. to improve the physical...more

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