News & Analysis as of

Title III Americans with Disabilities Act (ADA) Retailers

Seyfarth Shaw LLP

Federal NY Court Says Retailers Are Not Required to Have Digital Labels on Products

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Seyfarth Synopsis:  Federal court in New York reaffirms that reading information aloud to customers who are blind or low vision is still an acceptable auxiliary aid or service and retailers do not have to offer accessible...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Serial ADA Litigant’s Case

On January 23, 2023, a Ninth Circuit panel issued a 2-1 decision (link to https://cdn.ca9.uscourts.gov/datastore/opinions/2023/01/23/21-55183.pdf) reversing a lower court’s dismissal of a serial ADA litigant’s complaint...more

Buchalter

Online Only Retailers Have a New Defense Against Website Accessibility Claims in California

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On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website...more

Burr & Forman

Federal Appeals Court Chastises Cookie-Cutter ADA Title III Complaints and Tactics

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In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more

Clark Hill PLC

California Court of Appeal Holds That Solely Online Retailers Without a Physical Location Are Not Liable for Inaccessible Websites...

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California’s Unruh Civil Rights Act (Civil Code section 51, et seq.) confers a right to a civil action against businesses that intentionally discriminate against individuals with disabilities or, alternatively, violate the...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

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The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

Seyfarth Shaw LLP

Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints and Affirms Dismissal of Four Braille Gift Card...

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Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more

McAfee & Taft

DOJ issues web accessibility guidance, but falls short of setting specific standards

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For several years, plaintiffs’ law firms have been hammering businesses with website accessibility lawsuits, arguing that all places of public accommodation, including online retailers and hospitality businesses, must have...more

Fisher Phillips

ADA Title III Lawsuits Find a New Target: Gift Cards

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Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Retailer's Website Does Not Have to Comply With the ADA

Over the past several years, plaintiffs lawyers have started a cottage industry that threatens and/or sues businesses on a class action basis using a named disabled person who alleges that he or she was unable to access the...more

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

Eleventh Circuit Holds Websites Not Places of Public Accommodation Under ADA, Rejects ‘Nexus’ Standard

On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of...more

BCLP

Website Accessibility Alert: Eleventh Circuit Court of Appeals Issues Important Split Decision in Winn-Dixie Website Action

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Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more

Holland & Knight LLP

Can the Private Sector Prefer Vaccinated Consumers or Exclude the Unvaccinated?

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The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more

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

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more

Jackson Lewis P.C.

Handling Retail Customers Who Refuse To Wear A Mask

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Many jurisdictions require individuals to wear face coverings in public spaces, including in retail businesses, because of the COVID-19 pandemic. But some customers have been refusing to comply. How should a retail business...more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

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 On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more

Seyfarth Shaw LLP

California State Courts Continue to Issue Pro-Plaintiff Decisions in Website Accessibility Cases

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Seyfarth Synopsis: A second California Court of Appeal rules that websites with a nexus to a physical place of business are covered by Title III of the Americans with Disabilities Act, while a California trial court insists...more

Seyfarth Shaw LLP

Ninth Circuit Rejects Serial Plaintiffs’ Lawsuits About the ADA’s Accessible Sales Counter Requirements

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Seyfarth Synopsis: The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height....more

Seyfarth Shaw LLP

Mask Policies Put Businesses Between A Rock And A Hard Place

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Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability. ...more

Seyfarth Shaw LLP

Another New York Judge Says the ADA Does Not Require Braille Gift Cards

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Seyfarth Synopsis:  Businesses get another win in a lawsuit demanding gift cards with Braille....more

Epstein Becker & Green

No Mask, No Service? ADA Considerations for Business Owners Requiring Face Masks in Retail Stores

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As numerous jurisdictions now mandate citizens wear face masks in public, many retailers have begun requiring customers to cover their faces as a safety measure to mitigate against the spread of COVID-19 among employees and...more

Seyfarth Shaw LLP

Reopening Businesses Face Customer Pushback on Mask Requirements Under ADA

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Seyfarth Synopsis: Reopening businesses must quickly prepare for customers claiming the ADA exempts them from face mask requirements. ...more

Eversheds Sutherland (US) LLP

Tender not accepted – court rejects copy-cat ADA gift card suits

Tender not accepted – court rejects copy-cat ADA gift card suits - Since late last year, hundreds of class actions have been filed against retailers and restaurant groups alleging violations of Title III of the Americans...more

Jackson Lewis P.C.

In Wave of Opinions, Court Rejects ADA Requirement For Braille Gift Cards

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On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in...more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

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