News & Analysis as of

Americans with Disabilities Act Accessibility Rules

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

Plaintiff Ivana Kirola, who suffers from cerebral palsy, sued the City and County of San Francisco, in a class action contending certain public areas, including rights-of-way, pools, parks and other recreation areas, did not...more

Businesses Face Conflicting State And Federal Accessibility Requirements

by Jackson Lewis P.C. on

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Will A Subsequent Purchaser Of A Property Built After 1991 Be Liable For Accessibility Issues Related To Design & Construction Of...

by Fox Rothschild LLP on

As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed....more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility

by Ballard Spahr LLP on

Plaintiffs have brought more than 150 lawsuits in federal court in Denver against Colorado businesses alleging violations of the Americans with Disabilities Act (ADA) over the past year, following a national trend. These...more

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

Are Your Commercial Lease Forms ADA Compliant?

by Payne & Fears on

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates...more

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

by 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

News from AGG's Retail industry Team - Winter Edition

by Arnall Golden Gregory LLP on

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little...more

Retailers Seek to Improve Website Accessibility Following Surge of ADA Claims

by Bryan Cave on

Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its...more

Google Maps App Now Tells Users If Locations Are Accessible, But Is It Accurate and Reliable?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility....more

Battle Between Arizona Attorney General And Serial Lawsuit Filer Heats Up

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to...more

Controversial 60 Minutes Segment on “Drive-By” ADA Lawsuits Highlights Negative Aspect of the Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Here’s our take on Sunday’s 60 Minutes episode on “drive-by” abusive ADA Title III lawsuits and the legislative efforts to address them. 60 Minutes aired a segment about ADA Title III “drive-by”...more

ADA Part I: Ensure Stores are Accessible

by Bryan Cave on

In order to help retailers improve access to all customers and reduce potential liability, this is the first in a three-part series offering tips for compliance with the Americans With Disabilities Act (ADA). This week we...more

Must Your Stadium, Theater, or Museum Offer Complimentary Admission to Personal Care Providers?

Are public accommodations required to admit personal care providers for free? That’s the question that the lawyers in our Disability Access Practice Group have been hearing with increasing frequency since the U.S. District...more

New ADA Compliance Disclosures Required for California Commercial Landlords

by Holland & Knight LLP on

California Gov. Jerry Brown on Sept. 16, 2016, signed into law AB 2093, which amends California Civil Code Section 1983 and expands disclosures regarding certain Americans With Disabilities Act (ADA) matters. The requirements...more

The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber

From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons with disabilities. ...more

Arizona Court Consolidates ADA Lawsuits

by 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

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

Wheels For Wheelchairs: Massachusetts Mandates Accessible Ride-Sharing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Massachusetts recently enacted its first statewide ride-sharing law requiring companies like Uber to provide accessible transportation for individuals with disabilities. On the heels of news that Uber...more

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