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
8/9/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Disability ,
Disability Discrimination ,
Disparate Impact ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Retailers ,
Title III ,
Unruh Civil Rights Act ,
Website Accessibility
A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more
7/1/2021
/ Administrative Monetary Penalties ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Due Process ,
Mobile Apps ,
Motion for Summary Judgment ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,...more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Dismissals ,
Dominos ,
Due Process ,
Mobile Apps ,
Permanent Injunctions ,
Petition for Writ of Certiorari ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more
9/10/2019
/ Americans with Disabilities Act (ADA) ,
Brick-and-Mortar Stores ,
E-Commerce ,
Popular ,
Public Accommodation ,
Split of Authority ,
Summary Judgment ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
In Brintley v. Aeroquip Credit Union et al., Case Nos. 18-2326/2328 (August 8, 2019), the Sixth Circuit Court of Appeals issued an order dismissing an Americans with Disabilities Act (“ADA”) claim alleging that the defendant...more
Members of Congress are once again asking the U.S. Department of Justice (“DOJ”) to take action addressing website accessibility under the Americans with Disabilities Act (“ADA”) in light of the increasing number of lawsuits...more
Domino’s Pizza LLC has submitted a petition asking the U.S. Supreme Court to review and reverse a decision from the Ninth Circuit Court of Appeals that allowed a website accessibility case to proceed against Domino’s. The...more
6/18/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dominos ,
Due Process ,
Jurisdiction ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Restaurant Industry ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
6/10/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Doing Business ,
Kroger ,
Mootness ,
Motion to Dismiss ,
Personal Jurisdiction ,
Public Accommodation ,
Remediation ,
State Law Claims ,
Subject Matter Jurisdiction ,
Website Accessibility ,
Website Owner Liability ,
Websites
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA.
Martinez v. San Diego...more
12/31/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Credit Unions ,
Department of Justice (DOJ) ,
Dismissals ,
eBay ,
eBay Test ,
Public Accommodation ,
Sua Sponte ,
Title III ,
Website Accessibility