News & Analysis as of

Disability Americans with Disabilities Act (ADA) Public Accommodation

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

BCLP on

The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

BakerHostetler

Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access

BakerHostetler on

Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the...more

Bradley Arant Boult Cummings LLP

The ADA and Your Website A Guide to Website Accessibility Claims

Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more

Seyfarth Shaw LLP

The Pandemic Slowed 2020 Federal ADA Title III Filings But 2021 May Be a Record Breaker

Seyfarth Shaw LLP on

Seyfarth Synopsis: ADA Title III lawsuits filed in 2020 fell slightly from last year’s high, but still topped 10,000 for the second time since we started tracking these lawsuits in 2013....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

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...

Jackson Lewis P.C. on

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

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

Whitman Legal Solutions, LLC

Cats, Dogs, Peacocks, and Mice – Accommodating Disabilities and Assistance Animals

We all love and indulge our pets. My cats have “contributed” to my articles by walking across my keyboard as I work. I was less thrilled with the cats when one left a dead mouse as a present on my stairs. For some people,...more

Fox Rothschild LLP

The Next Wave Of ADA Title III Litigation In Florida – Hotel Reservation Systems

Fox Rothschild LLP on

"Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. That’s a quote from Ferris Bueller, but these days the sentiment is equally applicable to Americans with Disabilities Act...more

Holland & Hart - Health Law Blog

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Jackson Lewis P.C.

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

Jackson Lewis P.C. on

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue. A recent decision from the U.S. Court of...more

Fox Rothschild LLP

House Votes To Amend The ADA To Provide Businesses With Notice And Cure Period

Fox Rothschild LLP on

ADA reform finally may be on the horizon. On February 15, 2018 the U.S. House of Representatives passed legislation known as the ADA Education and Reform Act (H.R. 620), that would curb the rampant abuse of Title III of the...more

Jackson Lewis P.C.

New Florida Law Aims To Put Brakes On ADA Barrier-To-Access Lawsuits

Jackson Lewis P.C. on

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country...more

Seyfarth Shaw LLP

Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More

Seyfarth Shaw LLP on

Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public...more

Jaburg Wilk

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Carlton Fields

Ninth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities Not Personally Visited by Plaintiff

Carlton Fields on

Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with Disabilities Act,...more

Seyfarth Shaw LLP

Utah Is a New Hotbed of ADA Title III Federal Suits

Seyfarth Shaw LLP on

Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits....more

Shutts & Bowen LLP

Property Owners Gaining New Tools To Fight ADA Lawsuits

Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Seyfarth Shaw LLP

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

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

Seyfarth Shaw LLP

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

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

Ballard Spahr LLP

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

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

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

Seyfarth Shaw LLP

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

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

Seyfarth Shaw LLP

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

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

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