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: 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 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: 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
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: 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: A recently-filed lawsuit recently contains a lengthy critical report by a digital accessibility consultant of accessibility issues created by an accessibility widget. ...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: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more
We’ve sheltered in place and finished our tally. The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018....more
4/29/2020
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Coronavirus/COVID-19 ,
Court Administration ,
Court Schedules ,
Deadlines ,
Extensions ,
Judicial System ,
Telecommunications ,
Trial Attorneys ,
Website Accessibility ,
Websites
Seyfarth Synopsis: Purveyors of porn are being sued for offering online videos without closed captioning....more
1/22/2020
/ Adult Entertainment ,
Americans with Disabilities Act (ADA) ,
Closed Captioning ,
Corporate Counsel ,
Hearing-Impaired ,
Movies ,
Pornography ,
Public Accommodation ,
Title III ,
Website Accessibility ,
Websites
Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more
1/7/2020
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dominos ,
Gift-Cards ,
Hospitality Industry ,
Hotels ,
Mobile Apps ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III ,
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: The Supreme Court Leaves the Ninth Circuit’s Robles v. Domino’s decision intact, dashing businesses’ hope for some relief from website accessibility lawsuits....more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
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
Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete....more
8/15/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Franchises ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites