Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
5/5/2025
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Discovery ,
Dismissals ,
Jurisdiction ,
Litigation Strategies ,
Motion to Dismiss ,
New York ,
Serial Lawsuit Filers ,
Standing ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause...more
Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA....more
5/24/2024
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Mobile Apps ,
Rulemaking Process ,
Small Entity Compliance Guide ,
State and Local Government ,
Title II ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
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
12/13/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
New Regulations ,
Regulatory Standards ,
State and Local Government ,
Title III ,
W3C ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
12/7/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
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
10/6/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA....more
8/7/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Information Technology ,
NPRM ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Title II ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
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
6/5/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Educational Institutions ,
NPRM ,
OCR ,
Online Platforms ,
Rehabilitation Act ,
Section 504 ,
Title III ,
Universities ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
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
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
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
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
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
Seyfarth Synopsis: A Committee in the New York State Senate aims to develop a legal standard for the accessibility of business websites under New York law, in response to the exponential increase in website accessibility...more
5/20/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Legislative Agendas ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
State and Local Government ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Florida court rules that plaintiff must allege more than being unable to learn about a brick-and-mortar business to state a claim that an allegedly inaccessible website violates the ADA....more
NYC recently passed a law requiring that its government agency websites meet accessibility standards. Other state and local governments may follow NYC’s lead and enact accessibility standards for government agencies,...more