News & Analysis as of

Accessibility Rules Property Owners

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

Littler

NYC Public Accommodations Will be Required to Post Signs that Portable Ramps are Available

Littler on

Starting January 1, 2020, New York City public accommodations that provide portable ramps for entrance accessibility will be required to post signs advertising portable ramp availability and listing a phone number for...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

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?

FordHarrison on

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

Akerman LLP - HR Defense

One Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim

Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach,...more

Seyfarth Shaw LLP

Service Animals Vs. Emotional Support Animals: Ferreting Out The Truth

Seyfarth Shaw LLP on

Seyfarth Synopsis: Is it a service animal or an emotional support animal? Do I have to allow both? How to tell one from the other, and the rules that apply....more

FordHarrison

"Drive-by" Lawsuits under the Americans with Disabilities Act Continue to Rise

FordHarrison on

“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more

Jackson Lewis P.C.

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

Jackson Lewis P.C. on

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

Seyfarth Shaw LLP

House Passes Bill To Amend Title III Of The ADA In Attempt To Curb Drive-By Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more

Akerman LLP - HR Defense

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

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New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more

Shutts & Bowen LLP

Your property was hit with an ADA lawsuit – now what?

Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Ballard Spahr LLP

Arizona Court Consolidates ADA Lawsuits

Ballard Spahr LLP on

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

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