News & Analysis as of

Public Accommodation Disability Discrimination Restaurant Industry

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Serial ADA Litigant’s Case

On January 23, 2023, a Ninth Circuit panel issued a 2-1 decision (link to https://cdn.ca9.uscourts.gov/datastore/opinions/2023/01/23/21-55183.pdf) reversing a lower court’s dismissal of a serial ADA litigant’s complaint...more

Fisher Phillips

Outdoor Dining Options May Present Challenges for ADA Compliance

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Most hoteliers and restauranteurs are familiar with the Americans with Disabilities Act’s (ADA) requirements on providing access to patrons with disabilities. From braille menus to wheelchair accessible restrooms, the...more

Fisher Phillips

Pandemic Side Effect For Restaurants: Increased Disability Accommodation Claims

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The restrictions placed on indoor occupancy in response to the COVID-19 pandemic have forced businesses to think creatively in order to stay open. Businesses across all sectors have turned to technology in adapting to their...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Goulston & Storrs PC

The Nightmare Before Christmas? Gift Card Litigation Arrives for the Holidays

Goulston & Storrs PC on

It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers...more

Epstein Becker & Green

As the Holidays Approach, the Latest Wave of ADA Cases Challenge the Absence of Braille Gift Cards

Epstein Becker & Green on

While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari...more

Seyfarth Shaw LLP

New York Federal Dockets Flooded With Cases Alleging That Failing To Provide A Gift Card With Braille Violates The ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more

Fox Rothschild LLP

Must Gift Cards Be In Braille? Restaurants And Retailers Targeted In Latest Wave Of ADA Litigation

Fox Rothschild LLP on

Restaurants and retailers working to ensure their physical locations and websites are accessible and comply with the Americans with Disabilities Act (ADA) may now have another issue to contend with – gift cards. Recently,...more

BCLP

Domino’s Petitions Supreme Court for Review of Unfavorable Website Accessibility Decision

BCLP on

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

Carlton Fields

No Soup for You!

Carlton Fields on

An 11-year-old boy required to eat his homemade, gluten-free chicken sandwich outside a restaurant on a school field trip will get to take his case to trial. ...more

Seyfarth Shaw LLP

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

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Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Troutman Pepper

[Webinar] Could My Company's Website Violate the Americans with Disabilities Act? - June 14th, 12:00pm EDT

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Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to...more

CMCP - California Minority Counsel Program

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

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