A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York. Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the...more
The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more
8/9/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Disability ,
Disability Discrimination ,
Disparate Impact ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Retailers ,
Title III ,
Unruh Civil Rights Act ,
Website Accessibility
Businesses continue to feel the pain from the deluge of website accessibility complaints filed by vision-impaired individuals and organizations representing the vision-impaired. Much of the problem is due to the lack clear...more
A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more
7/1/2021
/ Administrative Monetary Penalties ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Due Process ,
Mobile Apps ,
Motion for Summary Judgment ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more
COVID-19 has had a dramatic impact on the hotel sector, causing occupancy rates to plummet around the world. Periods of closure and low occupancy will have a negative effect on the financial performance of affected hotels and...more
A New York federal court has granted motions to dismiss in four separate cases alleging that the failure to offer gift cards in Braille violates the ADA. The rulings by U.S. District Court Judge Gregory H. Woods (Southern...more
As local and national regulations seek to “lower the curve” of infections of the COVID-19 illness, they have forestalled a host of consumer transactions, most notably those regarding travel, hospitality, and community...more
As the pressure mounts on hospitals and healthcare facilities throughout the country to confront the overflow of patients affected by the COVID-19 virus, State and local governmental agencies are contracting with hotel owners...more
In addition to concerns surrounding the accessibility of a business’ website, retailers now have a new concern – the accessibility of their gift cards. Plaintiffs have recently filed a number of lawsuits alleging that the...more
Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,...more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Dismissals ,
Dominos ,
Due Process ,
Mobile Apps ,
Permanent Injunctions ,
Petition for Writ of Certiorari ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more
9/10/2019
/ Americans with Disabilities Act (ADA) ,
Brick-and-Mortar Stores ,
E-Commerce ,
Popular ,
Public Accommodation ,
Split of Authority ,
Summary Judgment ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
In Brintley v. Aeroquip Credit Union et al., Case Nos. 18-2326/2328 (August 8, 2019), the Sixth Circuit Court of Appeals issued an order dismissing an Americans with Disabilities Act (“ADA”) claim alleging that the defendant...more
Members of Congress are once again asking the U.S. Department of Justice (“DOJ”) to take action addressing website accessibility under the Americans with Disabilities Act (“ADA”) in light of the increasing number of lawsuits...more
Domino’s Pizza LLC has submitted a petition asking the U.S. Supreme Court to review and reverse a decision from the Ninth Circuit Court of Appeals that allowed a website accessibility case to proceed against Domino’s. The...more
6/18/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dominos ,
Due Process ,
Jurisdiction ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Restaurant Industry ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
6/10/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Doing Business ,
Kroger ,
Mootness ,
Motion to Dismiss ,
Personal Jurisdiction ,
Public Accommodation ,
Remediation ,
State Law Claims ,
Subject Matter Jurisdiction ,
Website Accessibility ,
Website Owner Liability ,
Websites
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more
11/21/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Public Accommodation ,
Split of Authority ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Beginning October 31, 2017, employers in New York City will be prohibited from asking job applicants about their previous salary. The legislation is aimed at breaking the cycle of wage inequality affecting women and people of...more
On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...more
8/1/2017
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Anti-Competitive ,
Counterfeiting ,
Cybersecurity ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
EU ,
EU Single Market ,
Logos ,
Retailers ,
Title III ,
Trademark Infringement ,
Trademarks ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
Retailers and other businesses that have been waiting for the Department of Justice (“DOJ”) to promulgate regulations concerning website accessibility under Title III of the Americans with Disabilities Act (the “ADA”) will...more
Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more
Retailers with both physical locations and a website should take note that a United States District Court has held that Winn-Dixie violated Title III of the Americans with Disabilities Act (“ADA”) because its website was...more
Businesses with an online presence should take note that a United States District Court has held that Winn-Dixie violated Title III of the Americans with Disabilities Act (“ADA”) because its website was inaccessible to the...more