News & Analysis as of

Public Accommodation 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

Ogletree, Deakins, Nash, Smoak & Stewart,...

City of Milwaukee Passes Ordinance Requiring Masks to be Worn in Indoor Public Spaces

On January 18, 2022, the City of Milwaukee Common Council passed an ordinance that would require masks to be worn indoors until March 1, 2022. The city’s acting mayor has not yet signed the order, but he has signaled that he...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Duluth Follows Minneapolis and St. Paul in Telling Minnesotans ‘Mask Up!’

As the mayors of Minneapolis and St. Paul did last week, Duluth’s mayor, Emily Larson, issued an indoor mask mandate, effective January 13, 2022, due to the spread of the COVID-19 Omicron variant. City of Duluth...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Twin Cities Issue Vaccine Mandates for Restaurants, Bars, and Entertainment Venues

On January 12, 2022, just one week after issuing mask mandates, Minneapolis Mayor Jacob Frey and St. Paul Mayor Melvin Carter issued executive orders mandating that places of public accommodation serving food and drinks...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

Holland & Knight LLP

Can the Private Sector Prefer Vaccinated Consumers or Exclude the Unvaccinated?

Holland & Knight LLP on

The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more

Jackson Lewis P.C.

Handling Retail Customers Who Refuse To Wear A Mask

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Many jurisdictions require individuals to wear face coverings in public spaces, including in retail businesses, because of the COVID-19 pandemic. But some customers have been refusing to comply. How should a retail business...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Rejects Plaintiffs’ Claims in Trio of ADA Disability Access Cases

In a big win for Starbucks and all other restauranteurs, retailers, and places of public accommodation, the U.S. Court of Appeals for the Ninth Circuit held in three related cases (Johnson v. Starbuck Corp., Lindsay v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Dismisses Two Braille Gift Card Cases in First Decisions to Tackle Novel Issue

In handing down the first decisions of their kind, a federal district court in New York rejected two plaintiffs’ claims that retailers, restaurants, and other places of public accommodation were required to offer Braille gift...more

Troutman Pepper

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

Troutman Pepper on

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

Eversheds Sutherland (US) LLP

Don’t look a gift (card) in the mouth – next wave of ADA accessibility litigation targets gift cards

Multiple retailers and restaurant groups are facing a spate of recently filed class actions alleging violations of the Americans with Disabilities Act (ADA) for their failure to offer gift cards containing Braille that are...more

ArentFox Schiff

Why Retailers Should Think Twice Before Issuing Gift Cards This Holiday Season

ArentFox Schiff on

Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October. Thirty-three class action lawsuits were filed against a...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

FordHarrison

Restaurant Employment Law Compliance Checklist: 12 Employment Topics Every Restaurant Company Should Consider Before 2020

FordHarrison on

Executive Summary: As summer is now in full swing, we find it timely to distribute our Restaurant Employment Law Compliance Checklist. The following 12 topics create compliance challenges in the restaurant industry –...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

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...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

BCLP

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

BCLP on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...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

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