Public Accommodation

News & Analysis as of

Arizona Judge Finds Standing is a Must for Serial ADA Plaintiff, Dismisses More Than 1,100 Cases

An Arizona judge dismissed more than 1,100 lawsuits against Arizona businesses alleging that their parking lots are not accessible to persons with disabilities. Judge David M. Talamante rejected the plaintiffs’ argument that...more

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

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

Community Banks Should Be Wary of ADA Claims

A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed...more

When You Gotta Go: Time To Check Your Restroom Signs

Seyfarth Synopsis: As of March, all single-occupancy restrooms in California businesses, government buildings, and places of public accommodation must be gender neutral. This post reviews the annoyingly specific requirements...more

Companies Face ‘New Frontier’ in ADA Compliance

Most companies and individuals who operate businesses at physical locations are familiar with their obligations under the Americans with Disabilities Act of 1990 (ADA) to not discriminate against, and possibly provide...more

Executive Order Likely Dooms Website Regulations for Public Accommodations

Seyfarth Synopsis: An executive order from President Trump will likely halt the Justice Department’s public accommodations website rulemaking. President Obama’s Department of Justice (DOJ) had stated that proposed...more

Florida Federal Court Holds That a Website is Not a Place of Public Accommodation

Seyfarth synopsis: A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits....more

Website Accessibility Epidemic Reaches Arizona

It was only a matter of time until the flood of litigation over the accessibility of websites to persons with disabilities reached Arizona. Recently it did when an Arizona man and his attorney filed lawsuits against four...more

Oh, My Website Has to be ADA Compliant. Wait, What?!?!?

Dr. Nole Specs created a website for his successful optometry practice. Over the holidays, Dr. Specs received a threatening letter from Mo Dougherty, a plaintiff’s lawyer. Dougherty’s letter claims Specs’ website is not ADA...more

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

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

Service Animals and the Maine Human Rights Act

Do you have to let that animal in here? The law might just say that you do. The Maine Human Rights Act (“HRA”) is broad in its reach and is intended to cover municipalities and their properties....more

Is Your Website ADA Compliant?

Websites and mobile apps (collectively “website(s)”) are a common tool used by businesses of all varieties and sizes to reach current and potential customers. They have revolutionized the manner in which businesses advertise...more

Commercial Lease Alert: New Access Law Disclosure Requirements In Leases Effective January 1, 2017

Under current California law, commercial real property owners are required to state in every lease agreement whether the property leased has undergone inspection by a Certified Access Specialist (“CASp”) and, if so, whether...more

Website ADA Compliance Remains a Pressing Concern

As discussed in a prior client alert, Title III of the Americans with Disabilities Act (ADA), which forbids “places of public accommodation” from discriminating against those with disabilities, may also apply to websites....more

A Cautionary Tale: DOJ Intervenes in Another Web Accessibility Lawsuit

Seyfarth Synopsis: Fighting a web accessibility lawsuit could invite DOJ’s intervention, as did a Florida retailer’s recent Motion for Judgment on the Pleadings. Fighting a website accessibility lawsuit is very tempting...more

W. Gary Fowler Published in ‘Texas Lawyer’ - “President Donald Trump and the Enforcement of the Americans with Disabilities Act”

Jackson Walker partner W. Gary Fowler, recently authored an article published in the November 2016 edition of Texas Lawyer. In the article, “President Donald Trump and the Enforcement of the Americans with Disabilities...more

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

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

Hot Topics in Commercial Real Estate Winter 2017

Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on November 29, 2016. We hope that you found the...more

What Landlords and Property Managers Need to Know About the Americans with Disabilities Act

In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual...more

ADA Part I: Ensure Stores are Accessible

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

RLUIPA Round-Up: Happy Cyber Monday

Take a break from the sales and give the Round-Up a read: ABC Channel 9 in Sioux City reports on a US Justice Department inquiry into the proposed siting of Our Savior Lutheran Church in a former Budweiser warehouse in...more

Proposed Rule for State and Local Government Websites Slated for July 2017

Seyfarth Synopsis: DOJ announces that proposed rules for state and local government websites will issue July 2017. The DOJ announced last week in the federal government’s Unified Agenda that it will be issuing a...more

How the Sharing Economy Can Tackle Discrimination Claims

As my colleague Brooke Tabshouri pointed out earlier this month, one of the unique situations facing the sharing economy is that customers — not coworkers or employers — may be the primary or even sole bad actors when it...more

New California Law Regarding Disclosure Of Disability Access Compliance In Commercial Real Property Leases

Beginning January 1, 2017, revisions to current California law will expand the disclosure requirements and the responsibilities of landlords and rights of tenants regarding the compliance of commercial real property with...more

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