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The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights

Seyfarth synopsis:  The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

ADA Title III Federal Lawsuit Filings Hit An All Time High

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

Gil v. Winn-Dixie: It’s Not Over Yet

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

A Status Update on Hotel Reservations Website Lawsuits

Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far....more

Ninth Circuit Says Restaurant Does Not Discriminate Against the Blind By Providing Only Drive-Through Service

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

Biden Department of Justice Steps up ADA Title III Enforcement

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

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

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

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

NY Federal Judge Puts the Kibosh on 17 Reservations Website Lawsuits Filed by Same Plaintiff

Seyfarth Synopsis:  After holding a consolidated evidentiary hearing, District Judge Brenda K. Sannes concluded that Plaintiff Deborah Laufer did not have standing to bring 17 lawsuits alleging that hotels failed to provide...more

Court finds Domino’s Pizza Violated the ADA by Having an Inaccessible Website and Orders WCAG Compliance

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

Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

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

Eleventh Circuit Says Winn Dixie’s Inaccessible Website Does Not Violate The ADA

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

CA Reservations Website Litigation Update: More Cases Dismissed and Three Appeals Filed

Seyfarth synopsis: California District Judges are not convinced that hotel reservations websites have to provide detailed accessibility information....more

The Pandemic Slowed 2020 Federal ADA Title III Filings But 2021 May Be a Record Breaker

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

Two Hotels Secure Dismissals of Hotel Reservations Website Lawsuits Brought by California Serial Plaintiffs’ Firm

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

Criticisms of “Quick-Fix” Website Accessibility Products Highlighted in New Lawsuit

Seyfarth Synopsis: A recently-filed lawsuit recently contains a lengthy critical report by a digital accessibility consultant of accessibility issues created by an accessibility widget. ...more

Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape

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

How Will DOJ Enforce Title III of the ADA in a Biden Administration?

Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues....more

Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

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

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

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

A Second California State Court Judge Says the ADA Covers Online-Only Businesses

Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....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

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