News + Views + To Do's | Dick Nenno, Young Conaway
DE Talk: Disability Education & Accessibility: Overcoming the Digital Divide
[WEBINAR] Creating an Accessible City
Accessibility Concerns for Disabled Condo Owners
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more
A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more
On July 26, 2023 (the 33rd anniversary of the signing of the Americans with Disabilities Act), the U.S. Department of Transportation (DOT) released a final rule that amends the agency’s air travel disability accommodation...more
Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more
It is not hard to see the impact the Americans with Disabilities Act (“ADA”) has on the layout of American sports and entertainment venues. Wide ramps, dedicated seating areas, and special elevators have all become...more
Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping. As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more
In January, the Tenth Circuit, which covers Oklahoma, effectively killed “tester standing” for Americans with Disabilities Act (ADA) Title III cases and Fair Housing Act cases. For many years, individuals with disabilities...more
Seyfarth Synopsis: Ninth Circuit concludes in trilogy of disability access cases that complaints must specifically allege unlawful conditions....more
Americans with Disabilities Act (ADA) accessibility suits continue to flood federal court dockets in New York, California, and Florida. Neither Title III of the ADA nor the implementing regulations mention websites. Yet,...more
Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more
Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more
While some of the challenges our Team Alex participants faced were adjustments to how to use the assistive mobility device, others had to deal with the accessibility of the building. ...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
Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year. A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted...more
A recent spate of suits against several major retailers has raised questions about whether self-service checkouts and other kiosks must comply with the requirements of Title III of the Americans with Disabilities Act (ADA)....more
The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more
The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore...more
Seyfarth Synopsis: Serious sanctions imposed on a serial ADA Title III plaintiff and his attorney should concern the plaintiffs’ bar....more
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses....more
As I posted last year, the next wave of Americans with Disabilities Act (“ADA”) Title III litigation was going to focus on hotels and motels and their reservation systems. And, I was right. These cases are primarily...more
Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more
Seyfarth Synopsis: A new Ohio law will require notice and opportunity to cure as a prerequisite for a plaintiff’s recovery of attorney’s fees in physical accessibility lawsuits. ...more
A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more
A lawsuit in New York state highlights an issue with some assisted living facilities: No wheelchairs allowed. The lawsuit claims that state regulations and facility policies discriminate against residents and potential...more
Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with...more