Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping.
As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more
Seyfarth synopsis: Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges....more
Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far....more
Seyfarth synopsis: We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA....more
Seyfarth synopsis: The Ninth Circuit holds that a restaurant’s practice of exclusively providing service at the drive-through and refusing to serve pedestrians at the drive-through line does not violate the ADA....more
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation....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: ADA Title III lawsuit filings in federal courts on pace for a record year.
Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging...more
Seyfarth Synopsis: California federal trial court grants summary judgment for plaintiff, finding Domino’s violated the ADA by having a website that is inaccessible to the blind and orders Domino’s bring its website into...more
Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings....more
Seyfarth Synopsis: The Eleventh Circuit’s much-anticipated decision in Gil v. Winn Dixie sets a higher bar for plaintiffs in website accessibility lawsuits and creates a conflict among judicial circuits that could result in...more
Seyfarth synopsis: California District Judges are not convinced that hotel reservations websites have to provide detailed accessibility information....more
Seyfarth Synopsis: ADA Title III lawsuits filed in 2020 fell slightly from last year’s high, but still topped 10,000 for the second time since we started tracking these lawsuits in 2013....more
Seyfarth synopsis: A federal judge dismisses the first two of hundreds of pending lawsuits filed against hotels for allegedly not providing enough accessibility information on their reservations websites....more
Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits. Here is our take on the types of cases public accommodations can expect to face....more
Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues....more
Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more
10/14/2020
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing...more
Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more
Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more
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
8/20/2020
/ Americans with Disabilities Act (ADA) ,
Criminal Penalties ,
Disabilities ,
Emotional Support Animals ,
Florida ,
Health Care Providers ,
Landlords ,
Rental Property ,
Service Animals ,
Tenants ,
Title III
Seyfarth Synopsis: The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height....more
Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability. ...more
6/3/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Retailers ,
Risk Management ,
Title III ,
Workplace Safety
Seyfarth Synopsis: Businesses get another win in a lawsuit demanding gift cards with Braille....more
5/14/2020
/ Americans with Disabilities Act (ADA) ,
Boilerplate Language ,
Disability Discrimination ,
Foot Locker ,
Gift-Cards ,
Permanent Impairments ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III
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
5/8/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Safety