News & Analysis as of

Accessibility Rules

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

by Kelley Drye & Warren LLP on

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its...more

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

by Akerman LLP - HR Defense on

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more

Alert: When Will Video Game Software Need to Meet FCC Accessibility Requirements?

by Cooley LLP on

Since 2010, equipment and technology that allow consumers to communicate with each other using "advanced communications services" (ACS) has been required to provide access for consumers with disabilities. For video games,...more

Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more

FCC Circulates Draft Order Authorizing ATSC 3.0 Broadcasting

by Davis Wright Tremaine LLP on

On October 26, 2017, the FCC released a draft Report and Order and Further Notice of Proposed Rulemaking that would permit TV broadcasters to use the next generation broadcast television transmission standard (“ATSC 3.0”) on...more

UPDATE ALERT: Accessibility for Ontarians with Disabilities Act

by Dickinson Wright on

We previously distributed two Client Alerts with respect to the new employer obligations under the Accessibility for Ontarians with Disabilities Act (“AODA”). ...more

FTC’s “Stick With Security” #6: Protect Remote Access To Your Network

by Snell & Wilmer on

On September 1, 2017, the FTC released its sixth “Stick with Security” principle, which highlighted the steps businesses can take to ensure that “outside entryways” into network systems are secure. Securing remote access to a...more

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

by Jaburg Wilk on

The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

Sued by an ADA Serial Litigant in Nevada? Help May Be On the Way!

On August 8, 2017, the Nevada attorney general moved to intervene in an action brought by Americans with Disabilities Act (ADA) serial litigant Kevin Zimmerman and to consolidate it with the more than 150 other pending...more

[Webinar] An Overview of Title III of the Americans with Disabilities Act: Public Accommodation and Growing Threat of Claims and...

by FordHarrison on

Complaints about access to restaurants and other retail establishments? Challenges to website design? Today Public Accommodation lawsuits are growing and plaintiffs’ attorneys are becoming more creative. While most companies...more

Florida Legislation Seeks to Reduce ADA Title III Accessibility Lawsuits

Many lawsuits have been filed in Florida under Title III of the Americans with Disabilities Act. These lawsuits seek to close non-compliant businesses, or require building and interior modifications to make them accessible,...more

DOJ Disables Titles II and III Website Regulations

The U.S. Department of Justice (DOJ) has placed its once-planned website accessibility regulations under Titles II and III of the Americans with Disabilities Act (ADA) on an inactive list, putting to rest speculation about...more

July 2017 FCC Meeting Recap: FCC Expands Video Described Programming Requirement

by Kelley Drye & Warren LLP on

In advance of its July Open Meeting, the Federal Communications Commission (Commission) unanimously adopted a Report and Order (Order) that revises the rules requiring certain video programming providers to make video...more

New Law Requires Notice and Cure Period Before Commencement of MHRA Public Accommodation Litigation

by Faegre Baker Daniels on

In response to a growing number of “drive-by” accessibility lawsuits filed in Minnesota in recent years, and after an unsuccessful attempt to remedy the problem last year, the Minnesota legislature recently passed amendments...more

Ninth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities Not Personally Visited by Plaintiff

by Carlton Fields on

Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with Disabilities Act,...more

Utah Is a New Hotbed of ADA Title III Federal Suits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits....more

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

Plaintiff Ivana Kirola, who suffers from cerebral palsy, sued the City and County of San Francisco, in a class action contending certain public areas, including rights-of-way, pools, parks and other recreation areas, did not...more

Businesses Face Conflicting State And Federal Accessibility Requirements

by Jackson Lewis P.C. on

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Will A Subsequent Purchaser Of A Property Built After 1991 Be Liable For Accessibility Issues Related To Design & Construction Of...

by Fox Rothschild LLP on

As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed....more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility

by Ballard Spahr LLP on

Plaintiffs have brought more than 150 lawsuits in federal court in Denver against Colorado businesses alleging violations of the Americans with Disabilities Act (ADA) over the past year, following a national trend. These...more

New Law Requires Specific Disability Language in Commercial Leases

by Ervin Cohen & Jessup LLP on

California Assembly Bill 2093 requires each commercial property owner/lessor to state on each lease form or rental agreement executed on or after January 1, 2017, whether the premises have undergone an inspection by a...more

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

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