News & Analysis as of

Title II

Government's Duty to Accommodate People with Disabilities in Natural Disasters

Hurricanes, floods and wildfires have ravaged large swaths of the U.S. this year. Every major natural disaster disproportionately harms society’s most vulnerable populations, particularly people with disabilities....more

Drinking Water/2018 Farm Bill: American Water Works Association Recommendations

A key United States Congressional endeavor in 2018 will be the reauthorization of the Farm Bill. The American Water Works Association (“AWWA”) noted in a November 8th news release its interest in ensuring that the Farm...more

You Don’t Be THAT Person on Someone Else’s Holiday

by Shipman & Goodwin LLP on

Today marks Rosh Hashanah, the Jewish New Year and one of the holiest days of the Jewish year. But it’s a day of business to many....more

22 Million Comments Tell FCC Battle Over Net Neutrality Is Not Over

by Perkins Coie on

Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...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

DOJ Places Website Rulemaking on the “Inactive” List

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration’s first Unified Agenda reveals DOJ has placed web accessibility, medical equipment, and furniture rulemakings under Title II and III of the ADA on Inactive List....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

FCC Proposes to Roll Back Net Neutrality Regulations

The Federal Communications Commission (FCC) recently commenced a highly contentious proceeding to begin the rollback of various aspects of its network neutrality regulations, which it adopted on a party-line vote under the...more

FCC Net Neutrality War

by King & Spalding on

On April 27, 2017, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”), proposing to reverse the FCC’s 2015 Open Internet Order (“Title II Order”), which had applied Title II...more

FCC Launches Proceeding to Rollback Net Neutrality

by Perkins Coie on

New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more

Divided FCC Begins Proceeding to Revise Internet Oversight Policy, Reverse Many “Open Internet Order” Decisions

by Kelley Drye & Warren LLP on

On May 18, 2017, at the Federal Communications Commission’s (“FCC” or “Commission”) May Open Meeting, the Commission adopted, on a two-one vote, a notice of proposed rulemaking (“NPRM”), titled “Restoring Internet Freedom,”...more

FCC Chairman Issues Proposal to Rollback Net Neutrality

by Perkins Coie on

FCC Chairman Ajit Pai has waded back into the shark-infested waters of net neutrality by releasing a draft NPRM proposal to reverse the FCC’s recently upheld consumer protection rules prohibiting Broadband Internet Access...more

Congress Overturns FCC’s Broadband Privacy Order

by Perkins Coie on

Following the U.S. Senate’s recent vote, the U.S. House of Representatives has now voted to overturn the FCC’s Broadband Privacy Order using the Congressional Review Act (CRA). Enacted in 1996, the CRA allows Congress to...more

Wireless Carriers Warn FCC That Net Neutrality For Texts Will Increase Spam

by King & Spalding on

The Federal Communications Commission (“FCC”) is weighing the benefits of protecting SMS text messaging under Title II of the Communications Act of 1934, often referred to as the Open Internet rules, versus continuing to...more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Wonder of Wonders – Supreme Court Opens Door for More Litigation in Cases Involving 504 and the ADA

by Pessin Katz Law, P.A. on

On February 22, 2017, the Supreme Court issued a decision in Fry v. Napoleon Community Schools et al. A school district had prohibited a student from bringing her service dog, Wonder, to school with her. So the family filed...more

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

Website Accessibility

by SmithAmundsen LLC on

Website accessibility continues to be a hot topic. Hundreds of businesses throughout the country have been sued in the past few years for failing to have accessible websites. Retail businesses have been the primary target;...more

Let’s Finally Fix Crowdfunding!

On April 5, 2012, President Obama signed into law the landmark Jumpstart Our Business Startups Act (JOBS Act), for the purpose of encouraging the funding of startups and small businesses throughout the United States. Title...more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

U.S. Department of Education Issues Final Regulations Regarding Teacher Preparation Programs

by Hogan Lovells on

On October 31, 2016, the U.S. Department of Education (ED) published final regulations regarding teacher preparation programs, implementing the accountability provisions of Title II of the Higher Education Act (HEA) and...more

WCAG 2.0 AA Is the New Accessibility Standard for Federal Agency Websites

by Seyfarth Shaw LLP on

Seyfarth synopsis: The federal government has adopted the Web Content Accessibility Guidelines 2.0 Levels A and AA as its accessibility standard for federal agency websites, making it very likely that the Department of...more

Internet Law in a Trump Presidency

by Bass, Berry & Sims PLC on

In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more

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