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Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?

Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Supreme Court Denies Review of Rules That Vending Machines Are Not Places of Public Accommodation

Seyfarth Synopsis: The Supreme Court declines to review a Fifth Circuit decision stating that a public accommodation covered by Title III of the ADA has to be a physical place and vending machines are not sales...more

Nevada Attorney General Takes Dramatic Action to Stop Serial Plaintiff’s ADA Title III Lawsuits

Seyfarth Synopsis: In an apparent effort to stop one plaintiff’s lawsuit spree, the Nevada Attorney General moves to intervene in a federal ADA Title III lawsuit arguing that the plaintiff failed to provide notice to the...more

Two New York Federal Judges Refuse to Dismiss Website Accessibility Cases

Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make...more

Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More

Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public...more

DOJ Places Website Rulemaking on the “Inactive” List

Seyfarth Synopsis: Trump Administration’s first Unified Agenda reveals DOJ has placed web accessibility, medical equipment, and furniture rulemakings under Title II and III of the ADA on Inactive List....more

Plaintiffs Score Another Victory in a Website Accessibility Lawsuit

Seyfarth Synopsis: A federal judge in the Central District of California has allowed a blind plaintiff to continue his lawsuit about the accessibility of a public accommodation’s website under Title III of the ADA, despite...more

Utah Is a New Hotbed of ADA Title III Federal Suits

Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits....more

First Federal Court Rules That Having An Inaccessible Website Violates Title III Of The ADA

Seyfarth Synopsis: Today’s first impression trial verdict finding retailer Winn-Dixie liable under Title III of the ADA for having an inaccessible website suggests that public accommodations should focus on their website...more

First Public Accommodations Website Accessibility Case Goes To Trial In Florida

Seyfarth Synopsis: The first trial under the ADA about the accessibility of a public accommodation’s website took place last week in the Southern District of Florida. Last week, U.S. District Judge Robert Scola presided...more

2017 Federal ADA Title III Lawsuit Numbers 18% Higher than 2016

The increase of ADA Title III lawsuits in federal court shows no signs of stopping. From January 1 through April 30, 2017, 2629 lawsuits were filed — 412 more than during the same period in 2016....more

Florida Courts Rule ADA Covers Websites With Nexus To Physical Store

Seyfarth Synopsis: Two Florida federal district court judges require websites to have a “nexus” to a physical location for coverage under Title III of the ADA, but a third judge requires more....more

Public Accommodations are Starting to Win Website Accessibility Lawsuits

Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making...more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Executive Order Likely Dooms Website Regulations for Public Accommodations

Seyfarth Synopsis: An executive order from President Trump will likely halt the Justice Department’s public accommodations website rulemaking. President Obama’s Department of Justice (DOJ) had stated that proposed...more

Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff

Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One...more

Florida Federal Court Holds That a Website is Not a Place of Public Accommodation

Seyfarth synopsis: A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits....more

ADA Title III Lawsuits Increase by 37 Percent in 2016

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims. Our 2016 lawsuit count is complete, and the results...more

WCAG 2.0 AA Is the New Accessibility Standard for Federal Agency Websites

Seyfarth synopsis: The federal government has adopted the Web Content Accessibility Guidelines 2.0 Levels A and AA as its accessibility standard for federal agency websites, making it very likely that the Department of...more

Proposed Rule for State and Local Government Websites Slated for July 2017

Seyfarth Synopsis: DOJ announces that proposed rules for state and local government websites will issue July 2017. The DOJ announced last week in the federal government’s Unified Agenda that it will be issuing a...more

How Will A Trump Administration Change The ADA Title III Landscape?

Seyfarth Synopsis: Our thoughts on the impact of the election on the ADA Title III landscape. We now know that January 20, 2017 will bring a definitive regime change. How will this change impact Title III of the ADA,...more

Federal Website Lawsuits Spike; Community Banks Get Demand Letters*

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses should seek advice now on how to manage risk in this chaotic...more

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