On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place...more
On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to...more
In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more...more
When one of our clients recently received nearly-identical demand letters from remote, unrelated, and unrepresented parties claiming website accessibility and threatening legal action for damages under the Americans with...more
4/25/2023
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Bots ,
Demand Letter ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more
5/20/2022
/ Affordable Care Act ,
Disability Discrimination ,
Emotional Distress Damages ,
Federal Funding ,
Health Care Providers ,
Medicaid ,
Medicare ,
Reasonable Accommodation ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title IX ,
Title VI
The Court of Appeal of the State of California, Fourth Appellate District, recently handed a potentially significant website accessibility win to the business community under the Unruh Civil Rights Act (Unruh Act) when it...more
For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more
9/2/2021
/ Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Corporate Counsel ,
Disability Discrimination ,
Disgorgement ,
Frivolous Lawsuits ,
Gas Stations ,
Injunctions ,
Misrepresentation ,
Public Accommodation ,
Sanctions ,
Standing ,
Title III
The California Department of Public Health’s newly issued “Guidance for the Use of Face Coverings” replaces a patchwork of county and municipal standards with a statewide standard mandating face coverings in businesses and...more
The Department of Justice has finally broken its long silence on website accessibility under the Americans with Disabilities Act (ADA), and the news is both good and bad. The bad: the Department rejected calls from the...more
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
The first eight reported lawsuits have been filed against eight different hotels over their alleged failure to install pool lifts for the disabled. It didn’t take long. The lawsuits rely on the Department of Justice’s (DOJ)...more