Title III Americans with Disabilities Act

News & Analysis as of

DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make...

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the...more

Can that Doggie in the Window … Enter my Store?

Readers will recall that we recently corralled the law on “Assistive Animals” in the workplace, here. Now, in part two of our mini-series, we pony up an explanation of the rules governing the use of service animals by...more

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

Swatting Gnats

Since the early 2000s, the buzzing gnats of employment litigation involving retailers have been individual Fair Labor Standards Act (FLSA) lawsuits. Whether brought for unpaid overtime, working through lunches, or working off...more

Is a Kangaroo a Service Animal? It Depends on Where you Are and What the Animal Does

We recently came across a news story that inspired us to draft this post: A Wisconsin woman and a kangaroo enter a restaurant. (If that isn’t a great joke intro, we don’t know what is.) Another customer calls the police to...more

Alert: Websites as Places of Public Accommodation: DOJ Settlement May Extend Accessibility Requirements to Virtual Space

Recent headlines around a high-profile settlement between the US Department of Justice and edX, Inc., one of the largest and earliest distributors of MOOCs, have once again highlighted the importance of understanding the...more

Ninth Circuit Holds That ADA Is Applicable Only to “Actual, Physical Place”

The decision in Earll v. eBay finds that a website business not connected to any physical place is not a “place of public accommodation” for purposes of Title III of the ADA....more

District Judge Rules That Website Must Accommodate the Disabled

Clients who distribute their products or services, in large part, through the use of the Internet should take note of a recent federal court decision under the Americans with Disabilities Act (ADA). If followed in other...more

“Ruff” Days at the Office: Service Dogs (and Other Animals) in the Workplace

With everything from alpacas, pigs and turkeys, to even a snake being claimed as service animals, it is not surprising that many business owners are asking what truly qualifies as a “service animal” under the law. ...more

Key Issues Facing Places of Public Accommodation at the 25th Anniversary of the ADA

With all of the presents, decorations, and champagne now firmly in the rearview mirror, January is a time customarily spent reflecting on the year that was and planning for the year ahead. For places of public accommodation,...more

More ADA Enforcement – Effective Communication Requirements for Service Providers

Recently, the U.S. Department of Justice and Franciscan St. James Health (St. James), a nonprofit health care system providing comprehensive health care at hospitals in Illinois, settled a lawsuit alleging that St. James...more

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

Emotional Support Animals: Access or No Access to Public Accommodations?

A recent article in The New Yorker (“PETS ALLOWED: Why are so many animals now in places where they shouldn’t be?” October 20, 2014) highlights the disconnect between perception and reality when businesses must deal with...more

Disability Access Litigation on the Rise

In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more

Accessibility 2.0 – is your company’s website accessible to disabled individuals? 5 practical steps toward compliance

A series of lawsuits over the past few years has made it clear that accessibility under Title III of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act, an analogous California statute, includes website...more

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)....more

Court Rejects Hospital’s ADA Argument That Proves Too Much

Dr. Robinson is an obstetrician at St. Francis Hospital. A diabetic, he underwent surgery for a broken foot and can’t always remain standing throughout deliveries. So he uses a rolling stool and practices from a seated...more

The ADA and Private Professional Certification

Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification, or credentialing ensure that such...more

DOJ Regulation Proposes New Closed Captioning Requirements

The Department of Justice has issued a Notice of Proposed Rulemaking that will establish new closed captioning requirements for movie theaters. This proposed rule has been issued under Title III of the Americans with...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more

Does Your Business Have A Website? Get Ready For New ADA Regulations

Courts have wrestled for several years with how to apply the ADA’s public accommodation requirements to online businesses or online aspects of businesses (USA Today published an article and quoted me on the issue available at...more

Act Now Advisory: DOJ Serves Notice: Celiac Disease and Severe Allergies Now Classified as Disabilities Under the ADA -...

A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

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