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DOJ Issues Final Rule Under Title II of the ADA for State and Local Government 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

SDNY Judge Gets Tough on Serial Website Plaintiffs

Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing....more

W3C Adds Nine New Requirements In WCAG 2.2

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

SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer

Seyfarth Synopsis:  SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar....more

SCOTUS Hears Oral Argument in Acheson v. Laufer

Seyfarth Synopsis:  SCOTUS asked revealing questions in Wednesday's Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue...more

Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases

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

SCOTUS UPDATE:  Opening Brief Filed in Acheson Hotels v. Laufer

Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more

A Consent Decree Can Provide Some Protection Against Future Website Accessibility Lawsuits

Seyfarth synopsis:  A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing consent decree that already...more

SCOTUS Agrees to Resolve A Circuit Split on Tester Standing in ADA Title III Cases

Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the...more

New York Continues to Be a Friendly Venue for ADA Title III Plaintiffs

Seyfarth synopsis: Leading the country with 3,173 federal ADA Title III lawsuits in 2022, plaintiff-friendly court decisions will likely keep New York in the top spot....more

Long Overdue Report Shows Deficient Accessibility for Many Federal Websites

Seyfarth Synopsis: After ten years, the Department of Justice (DOJ) finally issued a report on the accessibility of federal government websites which exposes widespread accessibility barriers....more

ADA Title III Federal Lawsuits Numbers Are Down But Likely To Rebound in 2023

Seyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the center of the ADA Title III universe....more

Eye Surgery Centers to Pay $1M in Damages and Penalties to Resolve Alleged ADA Violations

Seyfarth Synopsis: Under a new Consent Decree with the DOJ, 24 Arizona eye surgery centers can no longer require patients with mobility disabilities to pay for third-party services to transfer them on and off operating...more

Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022

Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021....more

ADA Title III Crystal Ball: What’s Ahead for 2023?

Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more

ADA Title III Crystal Ball:  What’s Ahead for 2023?

Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda....more

UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content 

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

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared To 20212022 ADA Title III Mid-Year Federal Lawsuit Filings...

Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California....more

Websites Are Not A Public Accommodation Under the ADA, Says California Court of Appeals

Seyfarth Synopsis: The California Court of Appeals puts an end to lawsuits against online only businesses in California and calls out DOJ and Congress for inaction....more

Robles v. Domino’s Settles After Six Years of Litigation

Seyfarth Synopsis: One of the most famous accessibility lawsuits of all time finally settles before trial under terms that may never be known....more

Website Accessibility Plaintiff Loses After Federal Trial On Standing and Other Grounds

Seyfarth Synopsis: A California federal court decided after a trial that a blind plaintiff did not have standing to bring a lawsuit about an inaccessible website under Title III of the ADA, and California’s Unruh Act only...more

Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs

Seyfarth Synopsis:  A recent Second Circuit decision holds that a plaintiff’s encounter with an alleged legal violation on a website, without more, does not give that plaintiff standing to sue under Title III of the ADA....more

Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings....more

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