The DOJ’s new step-by-step guidance for state and local governments on how to comply with new regulations that mandate accessible web content is also useful for public accommodations looking to make their websites and mobile...more
Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more
6/14/2024
/ Americans with Disabilities Act (ADA) ,
Consumer Complaint System ,
Corporate Counsel ,
Disability Discrimination ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions....more
4/10/2024
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Final Rules ,
Mobile Apps ,
State and Local Government ,
Title II ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
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: 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: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and...more
6/22/2023
/ Americans with Disabilities Act (ADA) ,
California ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Disabled Persons Act ,
Mobile Apps ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
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
Seyfarth Synopsis: UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with...more
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
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
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: 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: 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: 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: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more
11/4/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
9/11/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Dominos ,
Due Process ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Congress Members recently renewed their efforts to take legislative action and urge the DOJ take regulatory action regarding physical and website accessibility, respectively....more
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Equal Access ,
Legislative Agendas ,
Proposed Legislation ,
Public Access Laws ,
Public Accommodation ,
Regulatory Burden ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen...more
Seyfarth Synopsis: The Department of Transportation says that an airline’s provision of an accessible alternative website violates the Air Carrier Access Act (ACAA), so are such websites an acceptable means of providing...more
12/31/2018
/ Air Carrier Access Act (ACAA) ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Aviation Industry ,
Consent Order ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Enforcement Actions ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: DOJ’s response to members of Congress about the explosion in website accessibility lawsuits contains some helpful guidance for public accommodations fighting these claims....more
10/3/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Due Process ,
Public Accommodation ,
Regulatory Reform ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth....more
Seyfarth Synopsis: The World Wide Web Consortium just published an expanded version of the WCAG to add 17 more requirements to address new technologies and other digital barriers for individuals with disabilities....more
Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss....more
1/3/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Grocery Stores ,
Public Accommodation ,
Rewards Programs ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
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
8/8/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Grocery Stores ,
Hobby Lobby ,
Public Accommodation ,
Rewards Programs ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
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
6/14/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Grocery Stores ,
Injunctive Relief ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores