News & Analysis as of

Title III

Fake Service Dog Attacks Real Service Dog

by Fox Rothschild LLP on

I’ve been posting about the problems companies face when a customer wants to bring in a fake service dog. One of the biggest issues for companies is figuring out which dogs are fake service dogs and which dogs are real...more

Supreme Court Denies Review of Rules That Vending Machines Are Not Places of Public Accommodation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court declines to review a Fifth Circuit decision stating that a public accommodation covered by Title III of the ADA has to be a physical place and vending machines are not sales...more

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

by Jaburg Wilk on

The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

House Judiciary Committee Votes to Advance Controversial ADA Amendment

Title III of the Americans With Disabilities Act imposes a proactive duty on businesses subject to the ADA to remove architectural barriers and other obstacles that impede disabled persons’ access to an existing public...more

Another Court Finds That Accessibility Rules Apply to Retail Websites

Last month we told you that a court in Florida had ordered the Winn-Dixie supermarket chain to make its websites accessible to persons with vision impairments by following the Web Content Accessibility Guidelines 2.0...more

Website Accessibility: Is Your Website ADA Compliant?

by Revision Legal on

Legal activists for the disabled are filing an increasing number of successful website accessibility challenges. Among the companies sued: Hobby Lobby, eBay, Blick Art Materials, Five Guys, Target, Winn-Dixie, etc. Very soon,...more

What Businesses Should Know About Website Accessibility Lawsuits Under The ADA

by Fox Rothschild LLP on

Serial plaintiffs are suing businesses in alarming numbers alleging that websites and/or mobile applications are not accessible to persons with disabilities. This checklist reviews compliance obligations and the potential...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Franchise Litigation Rising Over Dietary Considerations

by Lewitt Hackman on

Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted...more

DOJ Officially Shelves Long-Planned Title III Website Regulations

by Nexsen Pruet, PLLC on

In what could prove to be a mixed bag for employers, the Department of Justice (DOJ) officially has shelved once-planned website accessibility regulations under Title III of the Americans with Disabilities Act (ADA). The...more

A Dog, A Bunny And A Cat Walk Into A Diner – What’s The Diner’s Owner To Do?

by Fox Rothschild LLP on

As the weather in South Florida turns cooler and the snow birds start flying south, there is a remarkable increase in the number of little dogs (and other animals) one sees in their local Publix grocery stores and favorite...more

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

by Garvey Schubert Barer on

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of...more

Think Accessibility When Designing Your Webpage and Apps

On June 13, 2017, Judge Robert N. Scola Jr. of the United States District Court for the Southern District of Florida ordered Winn-Dixie Stores, Inc. to make its website accessible by persons with disabilities, including those...more

The Next Frontier In ADA Title III Litigation Has Arrived In South Florida

by Fox Rothschild LLP on

Back in the Spring, I posted about the next frontier in ADA Title III litigation (web site accessibility). Since those posts, the next frontier has shown up, with a vengeance, in the Southern District of Florida. This...more

Website Accessibility Lawsuit Filings Still Going Strong

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced...more

President Trump’s DOJ Takes Website Accessibility Regulations off the Table

As those interested in website accessibility regulations under Title III of the Americans with Disabilities Act (“ADA”) know, the Department of Justice announced in May 2016 that it would issue a rule governing website...more

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

by Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

New York Federal Courts Allow ADA Website Accessibility Claims to Continue

by Ballard Spahr LLP on

Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had...more

Nevada Attorney General Takes Dramatic Action to Stop Serial Plaintiff’s ADA Title III Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an apparent effort to stop one plaintiff’s lawsuit spree, the Nevada Attorney General moves to intervene in a federal ADA Title III lawsuit arguing that the plaintiff failed to provide notice to the...more

Sued by an ADA Serial Litigant in Nevada? Help May Be On the Way!

On August 8, 2017, the Nevada attorney general moved to intervene in an action brought by Americans with Disabilities Act (ADA) serial litigant Kevin Zimmerman and to consolidate it with the more than 150 other pending...more

[Webinar] An Overview of Title III of the Americans with Disabilities Act: Public Accommodation and Growing Threat of Claims and...

by FordHarrison on

Complaints about access to restaurants and other retail establishments? Challenges to website design? Today Public Accommodation lawsuits are growing and plaintiffs’ attorneys are becoming more creative. While most companies...more

Is Your Website a Place of Public Accommodation under the ADA? The Plaintiffs’ Bar Says “Yes,” the Circuits Are Split, and the DOJ...

What do glasses retailer Warby Parker Retail, Inc., delivery service Grubhub, pizza company Domino’s and media streaming giant Netflix have in common, besides having significant online services? The answer is that they have...more

Florida Legislation Seeks to Reduce ADA Title III Accessibility Lawsuits

Many lawsuits have been filed in Florida under Title III of the Americans with Disabilities Act. These lawsuits seek to close non-compliant businesses, or require building and interior modifications to make them accessible,...more

Two New York Federal Judges Refuse to Dismiss Website Accessibility Cases

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make...more

Surf-By Lawsuits: Is Your Company’s Website ADA Compliant?

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...more

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