Public Accommodation

News & Analysis as of

Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals

Seyfarth Synopsis:  In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual,...more

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under...more

Does Your Company Website Violate the ADA?

The Americans with Disabilities Act (ADA) has is most commonly thought of as prohibiting workplace discrimination against individuals with disabilities and requiring the elimination of physical barriers to public locations. ...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

MassDEP and CZM Propose Changes to Chapter 91 Regulations

MassDEP and the Commonwealth’s office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program. Comments are due by...more

Why You Should Make Your Website ADA Accessible Now

Even though the deadline for creating accessibility standards has been pushed back to 2018, private businesses are at risk now if they have not yet taken measures to ensure that their websites can be accessed by individuals...more

New York City Enacts Accessibility Standards for Government Websites

NYC recently passed a law requiring that its government agency websites meet accessibility standards. Other state and local governments may follow NYC’s lead and enact accessibility standards for government agencies,...more

Accessibility of Retailer Websites Under the Americans with Disabilities Act (“ADA”)

Title III of the ADA provides that “no individual shall be discriminated against on the basis of disabilities in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or any accommodations of...more

Gender-Based Sales Promotions: Good Business or Unlawful Discrimination?

At the risk of sounding crass and overgeneralizing, social establishments – particularly those catering to the non-married crowd – like having more women at their establishments, and so they offer free items to women on the...more

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

No Crying Wolf: Retailer’s Website Held Not In Compliance With ADA

At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant?  The...more

DOJ Consent Decree Is A Reminder That Service Providers Are Public Accommodations

When people think of the term “public accommodation,” images of restaurants, storefronts, and hotels come to mind. The Department of Justice’s (DOJ) recent Consent Decree with a moving company provides an important reminder...more

New NC LGBT Legislation Eliminates All State Law Employment Discrimination Lawsuits

On March 23 following a one-day special session, the North Carolina General Assembly passed, and Governor McCrory signed HB 2, a bill that will have widespread effects on legal protections for employees in North Carolina. The...more

California Ruling On Website Accessibility Under The ADA May Lead To More Litigation

A recent decision out of a California superior court (Davis v. BMI/BND Travelware) ruled that a website operator was liable to a visually-impaired plaintiff for operating a website that was not accessible under the Americans...more

What Does North Carolina's New Public Facilities Law Mean for Employers?

Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for...more

North Carolina General Assembly Does More Than Just Invalidate Charlotte’s LGBT Ordinance

On Wednesday night, March 23, 2016, the North Carolina General Assembly passed House Bill (HB) 2, which was then signed by Governor Pat McCrory. While HB 2 was prompted by the desire to overturn Charlotte’s recently enacted...more

Businesses Must Ensure Websites Comply With The Americans With Disabilities Act

Title III of the Americans with Disabilities Act of 1990 (the “ADA”) requires “places of accommodation” be accessible to the disabled. Although the ADA does not specifically address websites, courts have seen an increase in...more

Amid Growing Concerns Over the Proliferation of ADA Lawsuits, Congress and the California Legislature Address Measures to Curb ADA...

Since 2004, more than 20,000 ADA lawsuits have been filed in the country’s federal courts. The number of ADA filings in state courts is unavailable, but likely runs in the thousands. Nearly one half of all ADA lawsuits were...more

Regulatory Update: Movie Captioning and Audio Description Regulations in the Final Stages of Review

As we reported in July of 2014, the DOJ is working on final regulations that would require movie theatres with digital screens to show movies with closed captioning and audio description....more

Miami Local 10 News Reports On ADA Title III Drive-By Lawsuits

Florida is one of the top states for ADA Title III filings. As we previously reported, in 2015, California, Florida, New York, Texas, and Arizona had 3,847 ADA Title III lawsuits. This accounts for 80% of the lawsuits filed...more

Governmental Entities Should Identify and Remove Potential ADA Accessibility Barriers on their Websites

Governmental entities need to be wary of law firms claiming to represent unidentified web users who allege that the entity’s website violates the Americans with Disabilities Act (ADA) because of accessibility barriers for...more

The Wave of Website and Other ADA Accessibility Claims – What You Should Know

Title III of the Americans with Disabilities Act (ADA), providing for equal access for persons with disabilities in places of public accommodation, has made the country far more accessible. Yet, given its highly technical...more

Are Hidden Title III Claims Lurking in Your Business?

With the extraordinary volume of Americans with Disabilities (ADA) Title III claims clogging the courts, and an increase in the number of plaintiffs’ lawyers litigating ADA issues, we can expect to see another flood of Title...more

Georgia Weekly Legislative Update - February 2016 #2

The author of legislation that would facilitate a major expansion of MARTA into Atlanta’s public transit-starved northern arc, the Emory/CDC corridor and east on I-20, has introduced a slightly revised measure after the...more

ADA Litigation Over Website Accessibility Is Exploding

Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website...more

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