News & Analysis as of

Americans with Disabilities Act (ADA) Restaurant Industry

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Serial ADA Litigant’s Case

On January 23, 2023, a Ninth Circuit panel issued a 2-1 decision (link to https://cdn.ca9.uscourts.gov/datastore/opinions/2023/01/23/21-55183.pdf) reversing a lower court’s dismissal of a serial ADA litigant’s complaint...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or...more

Jackson Lewis P.C.

Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

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On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to...more

Seyfarth Shaw LLP

Ninth Circuit Says Restaurant Does Not Discriminate Against the Blind By Providing Only Drive-Through Service

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Seyfarth synopsis:  The Ninth Circuit holds that a restaurant’s practice of exclusively providing service at the drive-through and refusing to serve pedestrians at the drive-through line does not violate the ADA....more

Fox Rothschild LLP

Los Angeles Businesses Must Now Police the Vaccination Status of Customers

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As of Monday, restaurants, bars, malls, gyms, yoga studios, movie theaters, sports arenas, hair salons and many other businesses in Los Angeles must begin requiring that patrons show proof of vaccination for COVID-19 before...more

Fox Rothschild LLP

An Overview of the Key to NYC Vaccine Mandate Program

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New York City’s Key to NYC mandate for indoor dining, gyms and entertainment venues is now in effect. Below are the requirements of the mandate as set forth in the various Executive Orders that have been issued, as well as in...more

Fisher Phillips

Outdoor Dining Options May Present Challenges for ADA Compliance

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Most hoteliers and restauranteurs are familiar with the Americans with Disabilities Act’s (ADA) requirements on providing access to patrons with disabilities. From braille menus to wheelchair accessible restrooms, the...more

Fox Rothschild LLP

NYC Issues Guidance On Accommodations For ‘Key To NYC’ Vaccine Mandate

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The New York City Commission on Human Rights has issued guidance for businesses on the accommodations they must provide employees and customers in response to New York City’s “Key to NYC” mandatory vaccination requirements...more

Cole Schotz

Vaccination Required: Emergency Executive Order 225 And New York City Indoor Entertainment, Recreation, Dining, And Fitness...

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On August 16, 2021, Mayor Bill de Blasio executed Emergency Executive Order 225 (“EO 225”) effectuating the recently announced “Key to NYC” vaccination requirement for indoor entertainment, recreation, dining, and fitness...more

Fox Rothschild LLP

New York State Lifts COVID-19 Restrictions For Restaurants, Most Industries

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Governor Andrew Cuomo announced on June 15, 2021 that New York State’s COVID-19 restrictions and guidelines would be immediately lifted across commercial industries in the state, including restaurants, bars and nightclubs....more

Fox Rothschild LLP

What the New CDC Mask And Vaccine Rules Mean For New York Restaurants

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Effective May 19, 2021, New York State will adopt the Center for Disease Control’s (CDC) Public Health Recommendations for Fully Vaccinated People (CDC Guidance). As Gov. Andrew Cuomo previously announced, the State on that...more

Fisher Phillips

Pandemic Side Effect For Restaurants: Increased Disability Accommodation Claims

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The restrictions placed on indoor occupancy in response to the COVID-19 pandemic have forced businesses to think creatively in order to stay open. Businesses across all sectors have turned to technology in adapting to their...more

Holland & Knight LLP

Can the Private Sector Prefer Vaccinated Consumers or Exclude the Unvaccinated?

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The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more

Jackson Lewis P.C.

Restaurant Workers Qualify For Vaccines In Some States; May Qualify In Others Soon

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COVID-19 vaccinations are front of mind for restaurant employers looking to return to “normal” in what has been a hard year for the industry. The potential for employee vaccination comes with many questions. Adding to the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more

Ervin Cohen & Jessup LLP

The Food, Beverage and Hospitality Industry & the Internet: Recent Developments

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Below is a summary of recent developments for the Food, Beverage and Hospitality industry in terms of Internet laws and regulations. Consumer Privacy and the CCPA - In June 2018, California enacted one of the most...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

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As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Jackson Lewis P.C.

Handling Retail Customers Who Refuse To Wear A Mask

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Many jurisdictions require individuals to wear face coverings in public spaces, including in retail businesses, because of the COVID-19 pandemic. But some customers have been refusing to comply. How should a retail business...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Rejects Plaintiffs’ Claims in Trio of ADA Disability Access Cases

In a big win for Starbucks and all other restauranteurs, retailers, and places of public accommodation, the U.S. Court of Appeals for the Ninth Circuit held in three related cases (Johnson v. Starbuck Corp., Lindsay v....more

Fox Rothschild LLP

NYC Outdoor Dining Must Comply With ADA And Accessibility Requirements

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With New York City on the verge of entering Phase Two of the New York State Forward reopening plan, Mayor Bill de Blasio issued an Emergency Executive Order on June 18, 2020, establishing the City’s “Open Restaurants...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Dismisses Two Braille Gift Card Cases in First Decisions to Tackle Novel Issue

In handing down the first decisions of their kind, a federal district court in New York rejected two plaintiffs’ claims that retailers, restaurants, and other places of public accommodation were required to offer Braille gift...more

Holland & Knight LLP

Food and Beverage Law Update: February 2020

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Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary - In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Goulston & Storrs PC

The Nightmare Before Christmas? Gift Card Litigation Arrives for the Holidays

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It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers...more

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