News & Analysis as of

Title II

Seyfarth Shaw LLP

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Epstein Becker & Green

Medical Diagnostic Equipment Accessibility Regulations Announced by DOJ Under Title II of ADA

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To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

Womble Bond Dickinson

FCC’s Net Neutrality Order Extends Exclusive Access Prohibitions to Broadband-Only Services Delivered to Residential and...

Womble Bond Dickinson on

In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more

Saiber LLC

DOJ's Final Rule On Website And Digital Accessibility Takes Effect

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On June 24, 2024, the United States Department of Justice’s (“DOJ”) final rule concerning digital accessibility took effect.  The rule implements Title II of the American with Disabilities Act (“ADA”) and requires web and...more

Seyfarth Shaw LLP

DOJ Issues “Small Entity Compliance Guide” for State and Local Government Web Content and Mobile App Accessibility

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Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA....more

Wiley Rein LLP

[Webinar] The FCC’s Expanding Enforcement Reach: Five Things You Need to Know - May 30th, 12:00 pm - 1:00 pm EDT

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While the FCC is well-known for broadcast and telecom regulation, the Commission regulates broadly, reaching communications networks, the marketing and sale of electronic devices, space-based services, diverse grant and...more

Wiley Rein LLP

FCC Reinstates Net Neutrality Rules

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On May 7, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling, Order, Report and Order, and Order on Reconsideration reclassifying broadband Internet access service (BIAS) as a common...more

Burr & Forman

Proposed Revisions to Title II of the ADA Impacting Healthcare Facilities

Burr & Forman on

The Department of Justice recently published a notice of proposed rulemaking applicable to healthcare entities covered under Title II of the Americans with Disabilities Act that relates to accessibility to medical diagnostic...more

Ballard Spahr LLP

DOJ Final Rule Sets Deadline for State and Local Governments’ Online Application Accessibility

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The Department of Justice’s (DOJ) final rule on the accessibility of web content and mobile apps under Title II of the Americans with Disabilities Act (ADA) goes into effect June 24, 2024. With limited exceptions, the rule...more

Fox Rothschild LLP

ADA Final Rule Introduces Technical Standards for Compliant Website and App Design

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Website accessibility under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act has been a subject of much litigation for private entities. Recent changes applying to public entities may give...more

Manatt, Phelps & Phillips, LLP

DOJ Finalizes Regulations for Accessibility of State and Local Government Websites

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take...more

Troutman Pepper

DOJ Releases Final Rule on Web Content Accessibility Requirements for State and Local Governments Under Title II of the ADA

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On April 8, the U.S. Department of Justice (DOJ) released its Final Rule to revise existing regulations implementing Title II of the Americans with Disabilities Act (ADA). This Final Rule clarifies the obligations of state...more

Conn Maciel Carey LLP

New Website Accessibility Rule to Go into Effect

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On Monday April 8, 2024, Attorney General Merrick Garland signed the final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people...more

Seyfarth Shaw LLP

DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

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Seyfarth Synopsis:  The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions....more

Goldberg Segalla

Public Healthcare Providers Should Prepare for Department of Justice Rule on Accessible Medical Diagnostic Equipment for Disabled...

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Studies have shown that persons with disabilities are not being afforded equal access to medical care, including routine examinations, due to a lack of medical diagnostic equipment (MDE). A lack of accessible MDE impacts the...more

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

Justice Department Proposes ADA Regulations Impacting Healthcare Industry

On January 12, 2024, the U.S. Department of Justice (DOJ) published a notice of proposed rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) that would require accessible medical diagnostic equipment...more

Troutman Pepper

ADA Website Accessibility: Insights and Updates — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, host, Chris Willis, is joined by Partners Kim Phan and Lori Sommerfield, to discuss recent developments related to website accessibility under the Americans with Disabilities...more

Wiley Rein LLP

Wireless Roundup (January 2024)

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FCC Seeks Comment on Expediting Initial Processing of Satellite and Earth Station Applications: In this Further Notice of Proposed Rulemaking (FNPRM), the Federal Communications Commission (FCC or Commission) reviews its...more

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

Marshall Dennehey on

In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

Parker Poe Adams & Bernstein LLP

Ah-Choo! Co-Workers' Allergic Reaction to Service Dog in Workplace Impacts Accommodation Claim

We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more

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

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

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

DOJ’s Proposed Website Rule for State and Local Governments Has Major Implications for the Private Sector

In August 2023, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) that would make the Web Content Accessibility Guidelines (WCAG) the standard for compliance for state and local governments...more

Paul Hastings LLP

Net Neutrality at the FCC: Title II, Round 2, With a Twist

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On October 19, the Federal Communications Commission (“FCC”) is expected to adopt a Notice of Proposed Rulemaking (“NPRM”) proposing to reclassify broadband internet access service as a “telecommunications service” under...more

Davis Wright Tremaine LLP

Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more

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