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2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses

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

DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules

Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet...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

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

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

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

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

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

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

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

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

Federal Website Lawsuits Top 100 As New Wave Of Demand Letters Hits Community Banks

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

DOJ Extends Comment Period for ADA Title II SANPRM, Cites Impact on Title III Rule

Seyfarth Synopsis: DOJ announced today an extension to October 7, 2016 for the public to submit comments on the SANPRM for state and local government websites. In May of this year the Department of Justice surprised us...more

Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals

Seyfarth Synopsis:  In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual,...more

DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make...

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the...more

Website Regulations Update: Public Accommodations Proposed Regs Further Delayed BUT State and Local Proposed Rules Due Out. . ....

According to the Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions, the Department of Justice (DOJ) will issue no proposed regulations for public accommodations websites until least April 2016 — nearly...more

Another DOJ Action over Allegedly Inaccessible Websites and Other Technologies

For today’s Global Accessibility Awareness Day, we have yet another Department Justice enforcement action to report relating to the allegedly inaccessible websites and other technologies. This time, DOJ is trying to...more

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