News & Analysis as of

Unruh Civil Rights Act Websites Americans with Disabilities Act (ADA)

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

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

K&L Gates LLP

California Court Curbs Website Accessibility Claims Against Online-Only Businesses

K&L Gates LLP on

Title III of the Americans with Disabilities Act (ADA) prohibits private entities from discriminating against disabled individuals. Specifically, it prohibits a “place of public accommodation” from discriminating “on the...more

Morgan Lewis

California Appellate Court Holds Web Access Claims Against Web-Only Businesses Fail Under ADA and Unruh Act

Morgan Lewis on

The California Court of Appeal, Second Appellate District, issued a decision on August 1 holding that websites without any connection to physical place of business are not “places of public accommodation” under Title III of...more

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

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more

Proskauer - California Employment Law

California Court of Appeal Holds Online-Only Business Websites Are Not “Public Accommodations”

On August 1, 2022, the California Court of Appeal joined longstanding Ninth Circuit precedent in determining that online-only businesses are not “public accommodations” covered under Title III of the Americans with...more

CDF Labor Law LLP

California Court Holds Digital-Only Websites Do Not Qualify As “A Place of Public Accommodation” Under The Unruh Act

CDF Labor Law LLP on

After an explosion of “website accessibility” cases in recent years where plaintiffs sue internet-based companies under Title III of the Americans with Disabilities Act (ADA) alleging that the websites are not accessible...more

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

Is the Tide Turning on Website Accessibility Claims? California Court of Appeal Upholds a ‘Bona Fide Intent’ Requirement

The Court of Appeal of the State of California, Fourth Appellate District, recently handed a potentially significant website accessibility win to the business community under the Unruh Civil Rights Act (Unruh Act) when it...more

BCLP

California Federal Court Holds Domino’s Website Violates the ADA, Limits Penalties Under Unruh Act to $4,000

BCLP on

A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more

Ervin Cohen & Jessup LLP

The Food, Beverage and Hospitality Industry & the Internet: Recent Developments

Ervin Cohen & Jessup LLP on

Below is a summary of recent developments for the Food, Beverage and Hospitality industry in terms of Internet laws and regulations. Consumer Privacy and the CCPA - In June 2018, California enacted one of the most...more

Seyfarth Shaw LLP

A Second California State Court Judge Says the ADA Covers Online-Only Businesses

Seyfarth Shaw LLP on

Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more

Manatt, Phelps & Phillips, LLP

ADA Website Litigation Reaches the Cannabis Industry

For the past decade, plaintiffs’ lawyers have been trolling the Internet for websites that are incompatible with screen-reader technology used by blind people to navigate the web. Businesses that fall short are accused of...more

Troutman Pepper

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

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The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

McManis Faulkner

Beyond Brick & Mortar – How Civil And Disability Rights Extend To Online Businesses

McManis Faulkner on

Late last year, the California Supreme Court issued a ruling with implications for online businesses going forward.  In White v. Square, Inc., 7 Cal. 5th 1019 (2019), a bankruptcy attorney brought a claim against Square under...more

Carlton Fields

New Wave of Deaf and Blind Californians Suing Websites

Carlton Fields on

Is your website suitable for the blind or deaf? If not, you may well be sued in California even though your business is elsewhere....more

Seyfarth Shaw LLP

California Court Of Appeal’s Midvale Decision Opens The Floodgates For More Website Accessibility Lawsuits

Seyfarth Shaw LLP on

Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more

Troutman Pepper

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

Troutman Pepper on

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

BCLP

No Longer a “Whisper” – California Appellate Court Joins List of Courts to Weigh in on Website Accessibility

BCLP on

In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more

Best Best & Krieger LLP

Your Special District Must Have a Website — and it Should be ADA Compliant - California’s SB 929 Imposes New Requirements

Special District Website Requirements - Every California independent special district is required to maintain a website by Jan. 1, 2020. Senate Bill 929 added Government Code sections 6270.6 and 53087.8 to provide the...more

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

Due Process and Primary Jurisdiction Defenses to Website Accessibility Claims Fall Like Dominoes in the Ninth Circuit

The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and...more

Seyfarth Shaw LLP

CA Court Rules Unruh Act Requires Website to Conform to WCAG 2.0 AA, But Denies Damages for Multiple Visits to Website

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On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader,...more

Sheppard Mullin Richter & Hampton LLP

“Oh Yes [the Court] Did” — District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and...

On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v. Domino’s Pizza LLC, granted defendant Domino’s Pizza LLC’s motion to dismiss without prejudice and ruled that the...more

Morrison & Foerster LLP - Social Media

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

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