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“Polly Want A Windfall?”: U.S. Department of Justice Slams NYC Co-Op for Denying Three Emotional Support Parrots, Imposing...

Co-op and condo boards have a legal obligation to provide reasonable accommodations to residents with disabilities. Residents often request permission to live with their so-called emotional support or therapy animals (“ESAs”)...more

U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging Stations

Seyfarth synopsis:  Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024....more

Employers Should Take Note Of New Federal Workplace Accessibility Guidance

Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well....more

W3C Adds Nine New Requirements In WCAG 2.2

Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility....more

SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer

Seyfarth Synopsis:  SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar....more

SCOTUS Hears Oral Argument in Acheson v. Laufer

Seyfarth Synopsis:  SCOTUS asked revealing questions in Wednesday's Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue...more

No MLB Baseball for Wally The Emotional Support Gator

Occasionally we see a story in the news that we can’t resist blogging about, and this one is no exception: Last week, an emotional support alligator named “Wally” was denied access to Citizens Bank Park in Philadelphia to...more

Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases

Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing....more

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

New Kansas Website Accessibility Law Provides Local Businesses With A Litigation Sword

Seyfarth Synopsis: New Kansas law will allow resident businesses to sue ADA website plaintiffs and their counsel over “abusive” litigation to recover defense fees and potentially punitive damages....more

For Your Amusement: Eight Employment Law Trends To Consider For 2023 Summer Season Hiring

Seyfarth Synopsis: Summer hiring for entertainment companies and various attractions is in full-swing. Since last year, legislatures across the country have focused their attention on expanding employee protections. Now more...more

Eye Surgery Centers to Pay $1M in Damages and Penalties to Resolve Alleged ADA Violations

Seyfarth Synopsis: Under a new Consent Decree with the DOJ, 24 Arizona eye surgery centers can no longer require patients with mobility disabilities to pay for third-party services to transfer them on and off operating...more

U.S. Access Board Issues Advanced Notice of Proposed Rulemaking For Self-Service Kiosks

Seyfarth Synopsis: The U.S. Access Board published an ANPRM on September 21, 2022 requesting public comment on nine questions as it prepares draft regulations addressing the accessibility of self-service kiosks....more

Website Accessibility Regulations On The Horizon: DOJ To Start Title II Rulemaking For State and Local Governments Next Year

Seyfarth Synopsis: Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II....more

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

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

Forum Shopping For a Website Lawsuit Over the Holidays? Look No Further than the SDNY.

Seyfarth Synopsis:  A massive surge in website accessibility lawsuits filed in the Southern District of New York suggests some holiday forum shopping by the plaintiffs-side bar....more

Businesses Score a Few Recent Wins in Website Accessibility Lawsuits

Seyfarth Synopsis: Three businesses prevail in website accessibility lawsuits in New York and California.  Defending website accessibility lawsuits can be an expensive and difficult battle for public accommodations, but there...more

Businesses Face Uncertain Landscape in Navigating COVID-19 Vaccination Passports for Customers

Seyfarth Synopsis: In navigating the contentious issue of COVID-19 passports, businesses need to be aware of their obligations to make reasonable modifications to their policies, practices and procedures applicable to patrons...more

New NYS Housing Law Requires Notice of Disability Accommodation Rights, But Sample Agency Form Raises Concerns for City Buildings

Seyfarth Synopsis: Cooperatives and landlords of residential buildings in New York State are required by a new law to provide written notice to tenants of their right to request reasonable accommodations or modifications...more

Florida Enacts Law To Combat Emotional Support Animal Fraud in Housing

Seyfarth Synopsis: A new law in Florida takes aim at fraudulent requests for emotional support animals in housing by requiring that residents do more than provide online animal “registrations” or certificates, mandates that...more

Reopening Businesses Face Thorny Customer-Facing ADA Issues

Seyfarth Synopsis: Reopening businesses need to carefully consider how social distancing and other Covid-19 mitigation measures will impact customers with disabilities and be prepared to make adjustments....more

New York Judge Criticizes Plaintiff’s ADA Firm For Refusing to Discuss Early Settlement and Engaging in Fee-Churning Litigation...

Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year.  A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted...more

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