This “Accessibility in the News, Legal Edition” page offers an ongoing collection of articles primarily related to Americans with Disabilities Act (ADA) news and analysis. Please bookmark this page to keep up to date on legal developments related to disabilities. Also, if you have a web page focused on disabilities, civil rights, or web development, we would appreciate a link back to this resource. Thank you!

ADA News: Updates on Accessibility Lawsuits, Complaints, and Legal Decisions

The articles and commentaries below focus on legal developments related to the ADA and other statutes, such as the U.S. Rehabilitation Act, the Fair Housing Act, the Air Carrier Access Act (ACAA), and various state disability laws. You’ll find news and analysis on cases addressing the accessibility of online content, as well as litigation related to physical access and travel barriers affecting people with disabilities. Most articles cover ADA Title III lawsuits, allowing you to review the chronological evolution of accessibility litigation and settlements.

Accessibility in the News (AITN) Legal Edition Archives
Quick Links: 2022 | 2021 | 2020 | 2019 | 2018

This accessibility legal news is derived from Microassist’s Accessibility in the News (view archives here), a widely read, free weekly newsletter curated by Jack McElaney. We welcome you to subscribe for weekly updates. For a list of legal accessibility resources you can visit our Accessibility in the News, Legal Resources page.

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March 2023

Lawsuit Activity

Special education clash: Supreme Court sides unanimously for student with disability

March 21, 2023 | Source: USA Today and NPR and NBC

The Supreme Court sided unanimously Tuesday with a student who is deaf and who sought to sue his school for damages over profound lapses in his education, a case that experts say could give parents of students with disabilities more leverage as they negotiate for the education of their children. Central to the case was the story of Miguel Perez, who enrolled in the Sturgis Public School District in Michigan at age 9 and brought home As and Bs on report cards for more than a decade…

U.S. Attorney’s Office Reaches ADA Settlement with SingleSpeed Brewing Co.

March 10, 2023 | Source: U.S. Attorney’s Office, Northern District of Iowa

SingleSpeed Brewing Co., an Iowa corporation that owns and operates a facility at 325 Commercial Street in Waterloo, Iowa (the “Facility”), has agreed to settle a dispute with the United States regarding an allegation that it violated the Americans with Disabilities Act (“ADA”). The settlement agreement resolves allegations that the Facility was noncompliant with the ADA’s accessibility requirements for public accommodations. As part of the settlement agreement, SingleSpeed has agreed to provide additional accessible seating to its seating spaces, standing spaces, and other dining surfaces…

New York Continues to Be a Friendly Venue for ADA Title III Plaintiffs

March 15, 2023 | Source: Seyfarth Shaw

It is no surprise that New York has become the nation’s leader in ADA Title III and website accessibility litigation, bypassing California by a substantial margin in 2022. District Court judges in New York – especially in the Southern District – have been increasingly reluctant to dismiss website accessibility lawsuits before discovery. Cases in point: In Loadholt v Shirtspace, the blind plaintiff alleged that he attempted to access the defendant’s website with his screen reader to buy a T-Shirt and encountered various barriers to access…

Department of Justice (DOJ) and Federal News

Federal Report Shows Lack Of Accessibility On Many Federal Websites

March 3, 2023 | AITN Feature Story

On February 21, 2023, the Department of Justice and the General Services Administration (GSA) issued Section 508 Report to the President and Congress: Accessibility of Federal Information and Communication Technology. The Department of Justice and GSA have worked together to submit this report based on data from February, 2021 through August, 2022 that was collected and analyzed by GSA. This information sheds light on the degree to which federal agencies are making progress on compliance with Section 508…

February 2023

Legislative Activity

SB 585 – Disability Access Litigation

February 16, 2023 | Source: California Globe

On February 15, 2023, Senate Bill 585 (Niello) was introduced regarding disability access litigation and would add Civil Code Section 55.565. This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation…

Vella-Wilkinson Submits ADA Website Compliance Bill

February 20, 2023 | Source: Warwick Post

Sen. Linda Ujifusa and Rep. Camille Vella-Wilkinson have introduced legislation to make the state’s publicly available websites compliant with the Americans with Disabilities Act (ADA). The goal, advocates say, is to ensure individuals with visual impairments can access the information presented on state websites. “This bill will ensure our neighbors with visual impairments can access the same information as everyone else,” said Senator Ujifusa (D-Dist. 11, Portsmouth, Bristol)…

Lawsuit Activity

FBI Analyst With Blindness Can Sue Over Software Accessibility

February 17, 2023 | Source: Bloomberg Law (Paywall)

An intelligence analyst for the Federal Bureau of Investigation can pursue a lawsuit accusing the agency of failing to use computer software that’s accessible to employees with blindness, the D.C. Circuit ruled Friday. The Rehabilitation Act of 1973, the first major federal statute focused on individuals with disabilities, authorizes private lawsuits by people with disabilities—including employees of federal agencies—who file administrative complaints about inaccessible technology, the US Court of Appeals for the District of Columbia Circuit held…

Settlement Agreement Creates Accessible Absentee Voting Options for Voters with Print Disabilities

February 1, 2023 | Source: Disability Rights Advocates

A historic Indiana lawsuit seeking increased ballot accessibility for voters with print disabilities has settled. As a result of the settlement, the state has agreed to acquire a new remote accessible ballot marking tool that will allow these voters to cast their absentee ballots privately and independently. Voters will be able to access and mark their ballots digitally with their own assistive technology thanks to this tool. Once the ballot has been marked, voters will be able to submit it via email. The tool will be available to voters in time for the May 2023 primary election…

New ADA lawsuit target? Local brewery websites

February 7, 2023 | Source: The Business Journal

A legal complaint against a Clovis brewery claiming its website is inaccessible to the blind is what one attorney calls the next iteration of lawsuits taking advantage of the Americans with Disabilities Act — and breweries appear to be in the crosshairs.

Whirlpool class action alleges KitchenAid website not accessible to visually impaired, blind visitors

February 6, 2023 | Source: Top Class Actions

A new class action lawsuit filed against Whirlpool claims its website kitchenaid.com is not accessible to visually impaired and blind people. More specifically, the lawsuit claims the company has not made its website compatible with screen-reading software that helps visually impaired consumers navigate websites. Visually impaired individuals rely on this software to render images into text and vocalize descriptions so they can understand what images are being displayed on websites, the Whirlpool class action claims…

January 2023

Lawsuit Activity

The Numbers Are In, Accessibility Lawsuits Hit New High In 2022

January 27, 2023 | AITN Feature Stories

What Does Accessibility In Government Look Like In 2023?

January 20, 2023 | AITN Feature Stories

Commentaries

ADA Title III Crystal Ball: What’s Ahead for 2023?

January 6, 2023 | Source: Seyfarth Shaw

Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it became apparent that the numbers would likely be substantially lower. That downward trend continued, and while our diligent research department is waiting for the dust to settle for December numbers before we announce the total for 2022, we are certain that the final number for the whole year will be substantially less than the number of ADA Title III lawsuits filed in 2021…

October 2022

Lawsuit Activity

Websites that violate disability laws squeezed for financial settlements: A look at a serial litigant

October 2, 2022 | Source: Orange County Register

Andres Gomez is a serial litigant. That is, Gomez, who says he is legally blind, looks for websites that are not accessible to him and sues them for violating state and federal disability laws. By one estimate, the 34-year-old Miami man has filed more than 600 disability compliance lawsuits in Florida and California since 2015…

Harvard University class action claims website inaccessible to visually impaired, blind

October 12, 2022 | Source: Top Class Actions

Plaintiff Milagros Senior filed the class action lawsuit against Harvard University Oct. 7 in a New York federal court, alleging violations of the Americans With Disabilities Act (ADA). Senior is a legally blind person who uses a screen reader to browse website content. According to her lawsuit, Harvard has failed to design and operate its websites—harvard.edu and gocrimson.com—to be fully accessible to her and other blind or visually-impaired persons…

Sellinger announces settlement over NJ Transit accessibility

October 18, 2022 | Source: New Jersey Globe and northjersey.com and NJ.com and New Jersey Monitor and Trains

U.S. Attorney Philip Sellinger announced this morning that his office and New Jersey Transit have reached a settlement over the accessibility of the state’s train stations, with NJ Transit agreeing to make five of its major stations along the Northeast Corridor line accessible to those with disabilities…

3 New Yorkers file a class-action lawsuit against the MTA over accessibility issues

October 26, 2022 | Source: ABC7 New York and The City

Paula Deen class action alleges website not fully accessible to visually impaired, blind customers

October 27, 2022 | Source: Top Class Actions

UPS class action alleges website not accessible to blind, visually impaired customers

October 31, 2022 | Source: Top Class Actions

Department of Justice (DOJ) and Federal News

ADA Settlement with Cinemark USA, Inc. Improves Accessibility of Enfield Movie Theaters

October 31, 2022 | Source: Department of Justice

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that Cinemark USA, Inc. (“Cinemark”) has entered into a settlement agreement with the government to resolve allegations that the Cinemark Enfield Square 12 theaters, located at 90 Elm Street in Enfield, does not comply with the Americans with Disabilities Act (“ADA”). The settlement, which resolves a complaint filed with the U.S. Department of Justice that alleges that the Cinemark Enfield Square 12 is not physically accessible to persons with mobility disabilities, requires Cinemark to add ADA-compliant signage at exits and auditoriums…

Justice Department Finds Minnesota Department of Corrections Violates Rights of Incarcerated Individuals with Disabilities

October 3, 2022 | Source: Department of Justice

On Sept. 30, 2022, the Justice Department found that the Minnesota Department of Corrections (MNDOC) violated the Americans with Disabilities Act (ADA) by denying incarcerated individuals with disabilities enrolled in its General Educational Development (GED) program opportunities to apply for and receive needed modifications on the GED exam. The MNDOC offers GED preparation courses and practice tests and administers the GED exam inside all of its adult prison facilities. The letter of findings asks the MNDOC to work with the department to resolve the civil rights violations identified during its investigation…

DOJ: $450,000 settlement a reminder that senior living communities must be accessible

October 3, 2022 | Source: McKnight’s Senior Living

A $450,000 settlement with an architectural firm that designs senior living communities should remind developers and architects of such properties that they must comply with federal laws that require the properties to be accessible for people with disabilities, the Justice Department said last week. The bathrooms, kitchens and other areas of six senior living communities, one senior apartment complex and one nursing home in Pennsylvania will be retrofitted to make them more accessible to those with disabilities under the terms of the settlement of a federal lawsuit against Riverton, NJ-based J. Randolph Parry Architects, the department said…

Justice Department Resolves Disability Discrimination Lawsuit Against Housing Authority of New Orleans Properties

October 3, 2022 | Source: Department of Justice

The Department of Justice announced that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties…

DOJ Finds Alabama’s Foster Care System Violates the Americans With Disabilities Act by Discriminating Against Students With Disabilities

October 12, 2022 | Source: DOJ

The Department of Justice today notified the state of Alabama of its findings that the state illegally discriminates against children in foster care with emotional and behavioral disabilities. The department concluded that Alabama has relegated hundreds of students with disabilities to segregated and inferior educational programs in violation of Title II of the Americans with Disabilities Act (ADA). The department’s findings follow an investigation into allegations that the state denies children in foster care equal opportunity to basic educational services on the basis of disability…

Analysis and Commentaries

Meg O’Connell: Disability disclosures require preparation for inclusive workplace

October 31, 2022 | Source: Jacksonville.com

There is a saying: “My disability may be invisible but your reaction to it is not.” People with disabilities have a variety of concerns when disclosing their disability to an employer. Will people see you differently, treat you differently, say something awkward? Will you still be chosen for key projects? Disability disclosure isn’t simply about being ready to share something deeply personal. It is also about being adept to respond to the various reactions people will have when you disclose your disability. Not all reactions are good, or even appropriate…

The government’s Section 508 transparency problem

October 18, 2022 | Source: Federal News Network and FEDweek and MeriTalk

Agencies have a transparency problem when it comes to Section 508. It’s not that agencies are ignoring the law Congress passed 24 years ago to ensure federal technology is accessible to people with disabilities. It’s the lack of discussion, data, evidence or even reporting of progress that is causing concern on Capitol Hill and among other experts. The Biden administration’s clarion call for diversity, equity, inclusion and accessibility (DEIand A) is ringing hollow unless agencies do more to show and tell how they are meeting both the spirit and intent of Section 508…

September 2022

Lawsuit Activity

Fischer Skis Settles Blind Customer’s Website Access Lawsuit

September 29, 2022 | Source: Bloomberg Law

Zola class action claims website inaccessible to visually impaired, blind consumers

September 28, 2022 | Source: Top Class Actions

Benihana class action alleges website not accessible to visually impaired, blind

September 13, 2022 Source: Top Class Actions

Craft Breweries Hit With ADA Website Claims By Pacific Trial Attorneys

September 14, 2022 Source: Jeffer Mangels Butler and Mitchell

Western Union class action alleges website inaccessible to blind, visually impaired

September 15, 2022 Source: Top Class Actions

Large RIAs, including Hy-Vee, sued over claims that websites are inaccessible to the blind

September 1, 2022 | Source: Citywire

Department of Justice (DOJ) and Federal News

Justice Department Files Discrimination Lawsuit Against Milwaukee Rental Property

September 9, 2022 Source: Department of Justice

The Justice Department announced today that it has filed a lawsuit alleging that the owner and managers of a rental property in Milwaukee, Wisconsin, harassed a tenant because of his sex, including his sexual orientation and his disability, in violation of the Fair Housing Act. Today’s lawsuit, filed in the U.S. District Court for the Eastern District of Wisconsin, alleges that Dennis Parker, the onsite manager of the property, subjected a gay male tenant with a disability to unwelcome harassment, both verbally and through numerous text messages during his tenancy in 2020 and 2021…

Justice Department Secures Settlement with Iowa School District Concerning Discriminatory Seclusion and Restraint Practices

September 12, 2022 Source: Department of Justice

The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Iowa announced today a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa, to address the discriminatory use of seclusion and restraint against students with disabilities. The department’s investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities as early as kindergarten in violation of Title II of the Americans with Disabilities Act (ADA)…

Justice Department Moves to Intervene in Disability Discrimination Suit Against San Juan, Puerto Rico

September 12, 2022 Source: Department of Justice

The Justice Department today intervened in a disability discrimination lawsuit brought by individuals with mobility disabilities against the City of San Juan, Puerto Rico under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s complaint alleges that San Juan fails to provide people with mobility disabilities equal access to the city’s public sidewalk system. The department’s complaint alleges that there are widespread accessibility issues with San Juan’s sidewalks, including curb ramps that are cracked, too steep or nonexistent, and walkways that are uneven…

Lawmakers Urge Action on Accessibility

September 15, 2022 Source: Government Technology

Thirty-two House Democrats have come together to request in a letter that the U.S. Department of Justice (DOJ) address digital accessibility issues by making regulations and other administrative actions well known.

Senator Duckworth and Representative Sarbanes Introduce Bill to Make Websites and Mobile Applications Accessible to Individuals with Disabilities

September 29, 2022 | Source: American Council of the Blind and Summary- PDF and Act Section by Section-PDF and Act Bill- PDF and FAQ’s- PDF and Hellenic News of America

Announcement of the U.S. Department of State’s Diversity, Equity, Inclusion, and Accessibility (DEIA) Strategic Plan

September 13, 2022 Source: Department of State

U.S. Attorney’s Office Reaches Agreement with Town of Limerick to Improve Voter Accessibility

September 20, 2022 | Source: U.S. Attorney’s Office District of Maine

The settlement agreement resolves an Americans with Disabilities Act (ADA) complaint filed by a voter with a mobility impairment who alleged that he was unable to vote at Limerick’s annual town meeting.

Federal Judge’s Ruling Improves Absentee Ballot Access for Voters with Disabilities in the General Election

September 27, 2022 | Source: Disability Rights Advocates and WTHI-TV and Court Order

U.S. Access Board Seeks Public Comment on Accessibility Guidelines for Self-Service Transaction Machines

September 27, 2022 | Source: U.S. Access Board

August 2022

Lawsuit Activity

More North Coast winery website lawsuits end without settlements

August 11, 2022 | Source: North Bay Business Journal

Vexing the California North Coast wine industry in recent years have been lawsuits over winery website lack of access for the those with visual challenges, the new political debate over winery events, and ever-changing environmental regulations. Journal researcher Michelle Fox surveyed a handful of attorneys on some of those issues, posing questions from Journal wine reporter Jeff Quackenbush. Under the California statute on which most plaintiffs filing these lawsuits in California rely, a successful plaintiff can recover his or her attorneys’ fees, in addition to statutory damages…

Gap, Lane Bryant class actions allege websites inaccessible to visually impaired users

August 18, 2022 | Source: Top Class Actions and Best Life

Lisa Frank class action alleges website not accessible to blind, visually impaired

August 24, 2022 | Source: Top Class Actions

Speedo, Hard Rock class actions claim websites not accessible to visually impaired, blind users

August 24, 2022 | Source: Top Class Actions

Gap and Lane Bryant have failed to make their websites fully accessible and independently usable for individuals who are blind or visually impaired, a pair of new class action lawsuits separately allege. Plaintiff Bryan Velazquez, who is legally blind, claims in separate complaints against Gap and Lane Bryant that their websites are not compatible with screen-reading software used by himself and other visually impaired individuals to access the internet.

Velazquez argues that Gap and Lane Bryant are violating the Americans with Disabilities Act (ADA) by allegedly not having websites which are “equally accessible to blind and visually impaired consumers.”…

Hy-Vee class action claims website inaccessible to blind, visually impaired users

August 25, 2022 | Source: Top Class Actions

L’Oréal hit with class action lawsuit over website being inaccessible to blind users

August 26, 2022 | Source: Global Cosmetics News

Chic Soul class action claims website inaccessible to blind, visually impaired users

August 31, 2022 | Source: Top Class Actions

Guess Hit With South Florida Website Accessibility Suit

August 31, 2022 | Source: Complaint (PDF)

Federal court blocks ruling limiting voting accessibility for people with disabilities

August 31, 2022 | Source: The Hill

A Wisconsin federal court on Wednesday blocked a state elections rule that would have forced voters with disabilities to cast their own ballots. U.S. District Judge James Peterson with the Western District of Wisconsin ruled that state officials violated the Voting Rights Act (VRA) because a 2021 ruling effectively prevented Wisconsinites with physical disabilities from casting a ballot in the upcoming midterm elections.

Department of Justice (DOJ) and Federal News

Senate committee calls on VA, DOJ to improve accessibility to federal technology

August 10, 2022 | Source: Federal News Network

Deja Vu All Over Again? DOJ Announces Intent to Adopt Web Accessibility Regulations for State and Local Governments

August 8, 2022 | Source: Lainey Feingold

Senate lawmakers are pushing the departments of Justice and Veterans Affairs, along with all agencies, to improve the accessibility of their online services. The Senate Special Committee on Aging looked into the accessibility of federal technology, specifically for seniors and individuals with disabilities, as well as older and disabled veterans. Sen. Bob Casey (D-Pa.), the committee’s chairman, said accessing digital services became a more prevalent concern during the COVID-19 pandemic, after accelerating a long-term shift in delivering government services through virtual, rather than physical, platforms…

Pete Buttigieg — Building a Better and More Accessible America

August 25, 2022 | Source: Ability Magazine

The U.S. Department of Transportation (DOT) is addressing both the climate crisis and need for accessible transportation, both of which disproportionately effect people with disabilities. DOT is creating avenues for cleaner and more accessible transportation through legislative funding and providing grants for improvements and grants to fund innovative technologies. With 32 years since the passing of the Americans with Disabilities Act (ADA), barriers to accessible rail transportation remain widespread in the United States…

July 2022

Lawsuit Activity

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared to 2021

July 12, 2022 Source: Seyfarth Shaw

She sued on behalf of her blind son. Now BUSD will make online learning tools more accessible

July 21, 2022 | Source: Berkeleyside

The National Federation of the Blind hopes a settlement the mother reached with Berkeley Unified School District will become a blueprint for other school districts.

Urban Decay, Adore Me class actions violate Americans with Disabilities Act

July 1, 2022 | Source: Top Class Actions

Madame Alexander, Jackbox Games class actions allege websites not accessible to blind, visually impaired

July 1, 2022 | Source: Top Class Actions

DraftKings Sued For Alleged Website Accessibility Violations

July 4, 2022 | Source: Klein Moynihan Turco

Two ADA Suits Brought Against J & M Foods and Gather Foods Corporation

July 8, 2022 Source: Law Street/Fastcase

REI class action claims website not accessible to blind, visually impaired

July 11, 2022 Source: Top Class Actions

Second Circuit Issues Highly Anticipated Decision on Title III Braille Gift Card Appeal, Affirming Dismissal

July 11, 2022 Source: Jackson Lewis

Final Approval Granted To $112,500 Juice Company Website Access Class Settlement

July 12, 2022 | Source: Mealey’s Litigation Report: Cyber Tech & E-Commerce (Subscription)

Delmonico’s lawsuit alleges website inaccessible to blind, visually impaired

July 19, 2022 | Source: Top Class Actions

Morgan Stanley, Ally Financial class actions claim websites not accessible to blind, visually impaired

July 21, 2022 | Source: Top Class Actions

Marriott’s Website Meets Accessibility Information Requirements

July 22, 2022 | Source: Bloomberg Law

Brookstone class action alleges website inaccessible to blind, visually impaired

July 26, 2022 | Source: Top Class Actions

Uber Doesn’t Have to Offer Wheelchair Accessibility

July 26, 2022 | Source: USNews & The Hill & The Business Journal & Fast Company & Carscoops & Top Class Actions

Del Frisco’s Double Eagle Steakhouse in Philadelphia to fix ADA issues

July 29, 2022 | Source: Philadelphia Inquirer

Department of Justice (DOJ) and Federal News

U.S. Senate Special Committee on Aging Chairman Bob Casey Urges Agencies to Make Websites More Accessible

July 30, 2022 | Source: MyChesCo & Senator Bob Casey & Nextgov & Action News Jax & Yahoo & Fox 13 & MeriTalk

DOJ Announces New Title II ADA Web Accessibility Regulation

July 27, 2022 | Source: Converge Accessibility

Website Accessibility Regulations On The Horizon: DOJ To Start Title II Rulemaking For State and Local Governments Next Year

July 29, 2022 | Source: Seyfarth Shaw

DOJ and HHS Issue Guidance on Nondiscrimination in Telehealth

July 29, 2022 | Source: Department of Justice & Guidance Document (PDF) & Seyfarth Shaw

Feds sue Cubs, claiming Wrigley Field renovations violate disability access requirements

July 14, 2022 Source: CBS News & Courthouse News Service & NBC & Department of Justice & The Washington Post & USA Today

The federal government is taking the Chicago Cubs to court over the team’s recent renovations at Wrigley Field, claiming the changes to the ballpark don’t comply with the Americans with Disabilities Act (ADA).

Uber Commits to Changes and Pays Millions to Resolve Justice Department Lawsuit for Overcharging People with Disabilities

July 18, 2022 | Source: Department of Justice

The Department of Justice filed in court today a multi-million-dollar settlement agreement with Uber Technologies Inc. (Uber) to resolve a lawsuit alleging that Uber violated the Americans with Disabilities Act (ADA). Under the agreement, Uber will offer several million dollars in compensation to more than 65,000 Uber users who were charged discriminatory fees due to disability. In November 2021, the department filed a lawsuit alleging that Uber violated Title III of the ADA, which prohibits discrimination by private transportation companies like Uber…

DOJ Secures $293,000 Jury Award Against City of Springfield, Illinois, for Discriminating Against People with Disabilities

July 27, 2022 | Source: Department of Justice

Justice Department Secures Agreement with Jefferson County, Kentucky, Officials to Ensure Polling Place Accessibility

July 20, 2022 | Source: Department of Justice

The Justice Department has secured an agreement under Title II of the Americans with Disabilities Act (ADA) with the Jefferson County, Kentucky, Board of Elections to ensure that the Board’s polling places are accessible to individuals with disabilities. The department identified architectural barriers at numerous polling places after it reviewed the Jefferson County Board’s voting program for compliance with the ADA. These barriers included inaccessible parking, ramps that were too steep, walkways that had steep cross slopes or had gaps and bumps and voting machines that could not be accessed by voters with mobility disabilities…

FCC proposes penalty against Verizon for telecom accessibility rule violation

July 11, 2022 Source: RCR Wireless News & Top Class Actions

The Federal Communications Commission’s (FCC) Enforcement Bureau proposed slapping Verizon with $100,000 fine for reportedly failing to provide the Bureau with critical information related to customer accusations the carrier’s Premium Visual Voicemail service, which transcribes the first 45 seconds of voicemail messages into text, was inaccessible to individuals with disabilities, and therefore, violated the FCC’s telecom accessibility rules…

Commentaries and Analysis

Web Design Accessibility Can Aid Enforcement Of Terms

July 21, 2022 | Source: Arnold & Porter & PDF

June 2022

June was a benchmark month for accessibility legal news – from updates on the Robles v. Domino’s case, the anniversary of the Olmstead decision, to new filings involving brands across alcohol suppliers, online retailers, and athletic apparel.

Reported lawsuit activity in June

Robles v. Domino’s Settles After Six Years of Litigation
June 10, 2022 | Source: Seyfarth Shaw

After six years in litigation, parties filed a notice of settlement bringing the much reported case to a close.

Gomez v. Tribecca LLC, – Federal District Judge Rules Plaintiff Without Standing
June 3, 2022 | Source: Pacific ADA Center & Court Decision

District Judge Dale Fisher of the Central District of California held, after a bench trial, that plaintiff Andres Gomez did not have standing to bring a website accessibility lawsuit under Title III of the ADA because he had not shown any consequences resulting from his encounter with the inaccessible website, nor a real intent to return to the website. The Court also dismissed Gomez’s California Unruh Act claim, finding that the law does not apply to persons who were not physically in California (Gomez was in Florida when he visited the website) when they experienced discrimination by a California-based business…

Pernod Ricard class action claims website inaccessible to visually impaired, blind
June 3, 2022 | Source: Top Class Actions

Ole Smoky Distillery class action alleges website not accessible to blind, visually impaired
June 3, 2022 | Source: Top Class Actions

Alcohol Suppliers Hit with ADA Website Accessibility Lawsuits
June 7, 2022 | Source: Alcohol Law Advisor

Dungarees class action claims website inaccessible to blind, visually impaired
June 8, 2022 | Source: Top Class Actions

Nike Hit With South Florida Website Accessibility Suit
June 13, 2022 | Source: Law.com & Lawsuit

Kohl’s Hit With South Florida Website Accessibility Suit
June 28, 2022 | Source: Law.com & Complaint

DraftKings complaint alleges website inaccessible to visually impaired, blind
June 29, 2022 | Source: Top Class Actions

Department of Justice (DOJ) News

DOJ Files Statement of Interest in Private Lawsuit Clarifying a School District Can Be Liable under Title II of the ADA for the Actions of School Resource Officers

June 1, 2022 | Source: ADA.gov & PDF

Justice Department filed a Statement of Interest in the United States District Court for the District of Colorado in a private lawsuit brought by Plaintiff A.V., an eleven-year-old child with autism and a serious emotional disorder, who alleges that school resource officers violated his rights under Title II of the Americans with Disabilities Act. The Statement of Interest clarifies that under Title II of the Americans with Disabilities Act, a school district is liable for discrimination in its programs, services, or activities even when it provides them through contractual, licensing, or other arrangements…

Justice Department Finds Maine in Violation of ADA For Over-Institutionalization of Children with Disabilities

June 22, 2022 | Source: Department of Justice

On the 23rd anniversary of the landmark Supreme Court decision in Olmstead v. L.C., the Department of Justice announced today that it has concluded that Maine unnecessarily segregates children with mental health and/or developmental disabilities, in psychiatric hospitals, residential treatment facilities, and a state-operated juvenile detention facility. The Olmstead decision held that people with disabilities have a right to live and receive services in the most integrated setting appropriate to their needs — typically in their homes and communities instead of in institutions…

Justice Department Commemorates The Anniversary Of Olmstead V. L.C.

June 22, 2022 | Source: Department of Justice

Twenty-three years ago today, the Supreme Court decided Olmstead v. L.C., a landmark case interpreting the Americans with Disabilities Act (ADA). In Olmstead, the Court ruled that the ADA prohibits unnecessary segregation of people with disabilities, who have a right to live and receive services in the most integrated setting appropriate. Enforcement of this “integration mandate” has enabled many thousands of people with disabilities to live in their homes and communities instead of in institutions, and to have greater independence, autonomy, and opportunities to participate fully in their communities…

Senators ask DOJ to enforce accessibility rules for state and local websites

June 13, 2022 | Source: State Scoop

U.S. Senator Chris Van Hollen (D-Md.) joined Senator Tammy Duckworth (D-Ill.) along with Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) in urging the U.S. Department of Justice (DOJ) to provide better guidance and regulations to help State and local governments better comply with the Americans with Disabilities Act’s (ADA) accessibility requirements on their websites, mobile applications and other forms of technology. In a letter sent to Attorney General Merrick Garland, the Senators wrote…

Legal Commentaries Worth a Second Read

Lack of Internet, Web Accessibility Harm Employment for Disabled
June 17, 2022 | Source: Bloomberg Law

Disparities in access to the internet and accessible websites is driving a gap in employment rates for people with disabilities, even as the prevalence of remote working opportunities has opened the door for them. While the Covid-19 pandemic made the digital world more vital for day-to-day activities—including work—web accessibility for those with disabilities isn’t guaranteed in the same way physical commercial spaces are. Disabled workers are 13% less likely to have internet access at home and 11% less likely to own a computing device, according to a recent report from the Department of Labor’s Office of Disability Employment Policy…

6 ADA Web Accessibility Trends Revealed In Our Mid-Year 2022 Report
June 2022 | Source: UsableNet

Kohl’s was hit with a website accessibility lawsuit Monday in Florida Southern District Court over alleged violations of the ADA. The lawsuit, brought by attorneys Pelayo Duran and Roderick V. Hannah on behalf of Pedro Vergara, contends that the defendant’s website denies full access to blind and visually impaired individuals. Counsel have not yet appeared for the defendant. The case is 1:22-cv-21960, Vergara v. Kohl’s, Inc…

May 2022

Russell Stover Class Action Claims Website Not Accessible To Blind, Visually Impaired

May 24, 2022 | Source: Top Class Actions

Russell Stover fails to make its website fully accessible to legally blind and visually impaired individuals, a new class action alleges. Plaintiff Ana Chalas claims Russell Stover’s website is not designed in a way that makes it fully compatible with screen-reading software used by legally blind and visually impaired to browse online. Chalas claims Russell Stover’s website contains many accessibility issues for legally blind and visually impaired individuals that keep the screen-reading software from working properly…

Etsy Class Action Alleges Website Inaccessible To Blind, Visually Impaired

May 26, 2022 | Source: Top Class Actions

The New York based e-commerce site that features handmade or vintage items, is the subject of a class action lawsuit filed in New York federal court by plaintiff Lamar Brown, who states he was unable to navigate the site and complete his purchase.

Electronic Arts’ Website Not Independently Usable For Blind, Visually Impaired, Says Class Action

May 26, 2022 | Source: Top Class Actions

Plaintiff Rafael Cordero claims Electronic Arts’ website is not independently usable for blind or visually impaired individuals who use screen-reading software to browse the internet. The class action lawsuit was filed in New York federal court.

HSN Class Action Alleges Website Inaccessible To Blind, Visually Impaired

May 25, 2022 | Source: Top Class Actions

Florida based online shopping company HSN Inc., is the subject of a New York federal lawsuit, claiming the online shopping experience presents barriers to blind users.

Four Seasons ADA Class Action Claims Website Not Accessible To Blind, Visually Impaired Individuals

May 25, 2022 | Source: Top Class Actions

A legally blind woman is suing the Four Seasons Hotels chain in California federal court, saying its website is not accessible to blind and visually impaired people using a screen reader.

Polling places aren’t handicapped-accessible and need to be, Newark says in lawsuit

May 25, 2022 | Source: NJ.com

The City of Newark is suing local and county election officials, demanding that all polling places be made handicapped accessible for next month’s congressional primaries and city council runoffs, after the mayor and others said some frail or elderly voters could not cast ballots in the May 10 non-partisan municipal election. The suit, filed in state Superior Court in Newark on Friday, charges that the Essex County Board of Elections and other officials violated the federal Americans with Disabilities Act and a state statute requiring accessibility of polling places…

Mrs. Fields Class Action Alleges Website Not Accessible to Blind, Visually Impaired

May 20, 2022 | Source: Top Class Actions

Mrs. Fields, the mall-based chain offering cookies and baked goods, faces claims its website is not accessible. In a class action lawsuit filed in New York federal court, Plaintiff Elbert Dawkins argues he was “effectively barred” from viewing products for sale on their website due to a “lack of a variety of features and accommodations” for site visitors using a screen reader.

Dell Class Action Alleges Website Not Accessible To Blind, Visually Impaired

May 16, 2022 | Source: Top Class Actions

Dell denies blind and visually impaired people access to its services because its website is not accessible to those using a screen reader, a new class action lawsuit alleges. Plaintiff Lamar Brown filed the class action lawsuit against Dell Technologies May 14 in a New York federal court alleging violations of the Americans With Disabilities Act (ADA). Brown, who is legally blind, uses a screen reader to browse web pages on the internet, and says he would like to use the services that Dell provides…

Marriott Class Action Claims Website Not Accessible to Blind, Visually Impaired

May 11, 2022 | Source: Top Class Actions

In a class action lawsuit filed in New York federal court, Lamar Brown, a legally blind man, claims the Marriott website contains “thousands” of barriers making it “impossible” for blind and visually impaired individuals to even complete a transaction.

AEW Facing Lawsuit For Violating the Americans With Disabilities Act

May 6, 2022 | Source: The Overtimer & Top Class Actions

AEW has made all sorts of waves in the professional wrestling world since they burst on the scene in 2019, but this time the attention they’re getting isn’t the kind they want. Plaintiff Luigi Abreu claims that AEW violated the Americans With Disabilities Act (ADA) because the AEW Show website “is no equally accessible to blind and visually-impaired consumers.” Luigi is a visually-impaired and legally blind person and requires a screen reading software to read websites…

PNC Class Action Alleges Website Not Accessible To Blind, Visually Impaired

May 9, 2022 | Source: Top Class Actions

Uncommon Goods Class Action Claims Website Not Accessible To Blind, Visually Impaired

May 9, 2022 | Source: Top Class Actions

Talbots Class Action Claims Website Not Accessible To Blind, Visually Impaired

May 10, 2022 | Source: Top Class Actions

Whole Foods Class Action Claims Website Not Accessible To Blind, Visually Impaired

May 3, 2022 | Source: Top Class Actions

A would-be Whole Foods customer is suing the health foods company for allegedly failing to maintain a website that complies with the Americans with Disabilities Act (ADA), thus denying equal access for blind and visually impaired people. Elbert Dawkins, the lead plaintiff, says he visited wholefoodsmarket.com on several occasions, but was “effectively barred” since the website lacked accommodations for blind and visually impaired people who use screen-reading software…

City of Pekin settles class action lawsuit for non-accessible sidewalks, promising improvements

May 24, 2022 | Source: Pekin Daily Times

The Pekin City Council unanimously approved a class action consent decree during Monday’s meeting. Council member Karen Hohimer was absent. According to Pekin City Manager Mark Rothert, a class action lawsuit was filed against the city in 2018 for failure to maintain accessible pedestrian rights-of-way. It’s settling all claims asserted through the consent decree. “In this consent decree, the city agrees to hire an engineering consultant to survey all sidewalks within the city of Pekin and then to create a transition plan to prioritize repair and improvement of all inaccessible sidewalks,” Rothert said…

Judge dismisses ADA lawsuit against Napa realtor’s website

May 23, 2022 | Source: CBS San Francisco

A disabled litigant who relied on “dreams and window shopping” to prove that he had legal standing to sue a Napa County realtor under the Americans with Disabilities Act had those dreams dashed last week when a federal judge dismissed his suit. Judge Susan Illston of the U.S. District Court for the Northern District of California found that Andres Gomez, a Florida resident, had not demonstrated that the alleged problems with the realtor’s website prevented him from accessing goods or services at an actual physical location and therefore he had no standing to bring his claim…

U.S. Attorney’s Office Reaches ADA Settlement with Milnor Public School District

May 6, 2022 | Source: Department of Justice U.S. Attorney’s Office District of North Dakota

Interim United States Attorney Nicholas W. Chase announced today that the U.S. Attorney’s Office for the District of North Dakota entered into a settlement agreement with the Milnor Public School District (“School District”) to resolve an allegation that the School District violated the Americans with Disabilities Act of 1990 (“ADA”). The settlement agreement resolves an ADA complaint alleging that the newly constructed playground at the Milnor Public School is inaccessible to students with disabilities, and that the School District failed to provide accessible transportation to a student with a disability for a field trip…

Justice Department Reaches Agreement with Columbus, Ohio, Hotel to Improve Access for People with Disabilities

May 4, 2022 | Source: Department of Justice

The Justice Department today entered into an agreement under the Americans with Disabilities Act (ADA) with the Holiday Inn Express Hotel & Suites in Columbus, Ohio. The department reached the agreement with Badrivishal LLC, which owns and operates the hotel. The agreement requires a series of modifications to provide better access for customers with disabilities, including those who use wheelchairs. The Civil Rights Division launched an investigation after it received a complaint from a couple who claimed that they reserved accessible rooms after being told by hotel staff that the rooms had accessible “roll-in” showers fitted for wheelchair

April 2022

Choice Hotels ADA Class Action Claims Website Not Accessible to Blind, Visually Impaired Individuals

April 21, 2022 | Source: Top Class Actions

Choice Hotels does not make its website accessible to the blind, further increasing stigma for people with visual disabilities, a new class action lawsuit alleges. Plaintiff John Mahoney filed the class action complaint against Choice Hotels International, LLC Apr. 18 in a Pennsylvania federal court, alleging violations of the Americans With Disabilities Act (ADA). Mahoney, who is legally blind, said he needs screen-reading software to read website content using his computer…

Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims

April 20, 2022 | Source: Jackson Lewis

On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility lawsuits. The courts based their decisions on the same U.S. Supreme Court case law and nearly identical facts. After the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330, 340 (2016), courts have decided a number of cases on the issue of standing vis à vis “concrete harm,” which is harm that is “real, and not abstract.”…

Justice Department Expands Arizona Lawsuit Alleging Disability Discrimination in Access to Surgical Care

April 18, 2022 | Source: Department of Justice & Amended Complaint

The Justice Department filed an amended complaint today in the U.S. District Court for the District of Arizona to add American Vision Partners (AVP) as a co-defendant in the department’s lawsuit against Barnet Dulaney Perkins Eye Center (BDP). The amended complaint alleges that AVP and BDP discriminate against patients who, because of their disabilities, need assistance transferring from their wheelchairs for eye surgery. AVP provides management, training, policies and guidance, staff, infrastructure and technology to BDP and other eye care medical practices…

Employee’s unwanted birthday party nets him $450,000 after lawsuit against KY company

April 15, 2022 | Source: Yahoo

Days before his birthday in August 2019, an employee at a Kentucky-based laboratory asked his office manager to not arrange a celebration for his birthday. It wasn’t the fear of getting older, but rather an anxiety disorder that can spur “panic attacks in stressful situations,” according to court documents. The employee, who was hired in October 2018 by Gravity Diagnostics, did not want a celebration because “being the center of attention” can trigger his disorder, the documents state…

Visually impaired man files suit against Eero over website accessibility

April 15, 2022 | Source: Madison – St. Clair Record

A man who has been legally blind since childhood is suing Eero LLC, claiming its digital properties are not accessible to individuals who are visually impaired. Plaintiff Eric Foreman filed the complaint on March 23 in the U.S. District Court for the Southern District of Illinois against Eero LLC, alleging violations of the Americans with Disability Act (ADA). Foreman has filed several other similar lawsuits in federal court. According to the lawsuit, Foreman claims he could not effectively communicate with Eero because the company’s digital content wasn’t formatted to be accessible to him…

San Francisco District Attorney Boudin Announces Groundbreaking Civil Prosecution Against Law Firm for Exploiting ADA to File Thousands of Fraudulent Lawsuits Against Small Businesses

April 11, 2022 | Source: San Francisco District Attorney’s Office

San Francisco District Attorney Chesa Boudin and Los Angeles District Attorney George Gascón announce that the San Francisco District Attorney’s Office and the Los Angeles District Attorney’s Office are filing a civil complaint against the law firm Potter Handy LLP. Potter Handy has filed thousands of fraudulent, boilerplate lawsuits against small businesses alleging violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Act, a civil rights statute…

Disability Lawsuits: From on the Streets to Online

April 14, 2022 | Source: Legal Reader

Albert Dytch has filed over 180 ADA lawsuits in the state of California. Mr. Dytch is a man in his 70’s who has muscular dystrophy and uses a wheelchair to get around. Unfortunately, many businesses throughout the country are not ADA compliant, making them inaccessible to wheelchair users. Mr. Dytch is on a mission to fix that. Disability discrimination is not new, but accommodations for disabilities are not increasing as much as we would hope…

DOJ Secures Agreement with CVS Pharmacy to Make Online COVID-19 Vaccine Registration Accessible for People with Disabilities

April 11, 2022 Sources: DOJ & Agreement & Fox5 & The Public’s Radio & UPI & US News & ABC & GoLocalProv & Reuters & Patch & Warwick Post & MyChesCo

The Justice Department and the U.S. Attorney’s Office for the District of Rhode Island today announced a settlement agreement with CVS Pharmacy Inc., under the Americans with Disabilities Act (ADA) that will eliminate barriers preventing people with certain disabilities from getting information about COVID-19 vaccinations and booking vaccination appointments online. CVS is the country’s largest retail pharmacy. The resolution is the DOJ’s fifth agreement on the critical issue of COVID-19 vaccination website accessibility…

Boot Barn Class Action Claims Website Not Equally Accessible For Blind, Visually Impaired Individuals

April 8, 2022 | Source: Top Class Actions

How Do You Win a Web Accessibility Case?

April 12, 2022 | Source: Adam Bialek- Wilson Elser (PDF)

Boot Barn fails to make its website fully accessible to individuals who are blind or visually impaired, a new class action lawsuit alleges. Plaintiff Christopher Loadholt claims Boot Barns violates the Americans with Disabilities Act by not making its website fully compatible with screen-reading software used by blind and visually impaired individuals. Loadholt, a blind man, says he was unable to make a purchase on Boot Barn’s website due to it not being compatible with his screen-reading software, NonVisual Desktop Access…

Yankee Candle Class Action Alleges Website Design Denies Equal Access To Blind, Visually Impaired

April 8, 2022 | Source: Top Class Actions

The Yankee Candle Company failed to design the Chesapeake Bay Candle section of its website in a way that would make it equally accessible to blind or visually impaired individuals, a new class action lawsuit alleges. Plaintiff Kevin Yan Luis claims Yankee Candle is violating the Americans with Disabilities Act (ADA) by denying blind and visually impaired individuals equal access to its goods and services. Yan Luis, who is legally blind, claims the Chesapeake Bay Candle section of Yankee Candle’s website contains thousands of access barriers…

2 Indianapolis properties named in accessibility lawsuit

April 7, 2022 | Source: Indianapolis Recorder

A lawsuit filed by fair housing organizations in multiple states alleges dozens of properties that advertise for people 55 and older have violated federal accessibility requirements. Two of the complexes named in the lawsuit are in Indianapolis. The organizations, including the Fair Housing Center of Central Indiana (FHCCI), allege Clover Group and its various entities are guilty of “widespread and flagrant violations” of the Fair Housing Administration’s rules related to accessibility…

Synchrony Class Action Claims Financial Advice Website Not Accessible to the Blind

April 7, 2022 | Source: Top Class Actions

Synchrony Financial’s website is not accessible to blind people, depriving them of the company’s financial advice services, a new class action lawsuit alleges. Plaintiff Leshawn Young filed the class action lawsuit against Synchrony Financial Apr. 5 in a New York federal court, alleging violations of the Americans With Disabilities Act (ADA). Young alleges that the website synchronybank.com is not usable by those who are blind, like her, and who use a screen reader to navigate the internet. She said she recently tried to go on the website and encountered multiple access barriers…

How New DOJ Guidelines Can Make the Web More Accessible for Disabled People

April 6, 2022 | Source: Verywell Health & William D. Goren & Morgan Lewis & BenefitsPRO & Frankfurt Kurnit Klein & Selz & ArentFox Schiff

The Department of Justice (DOJ) recently issued web accessibility guidelines on how state and local governments, as well as businesses open to the public, can make their websites more accessible to blind people, others with low vision, and people with other disabilities. The Americans with Disabilities Act (ADA) was passed in 1990, establishing the right of reasonable accommodations for the disability community. However, internet access has not always been equitable for disabled people…

Litigation against New York State Board of Elections Resolved, New York to Create Statewide Accessible Absentee Ballot Program

April 5, 2022 | Source: DRA & BronxTimes

The National Federation of the Blind of New York State, American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Disability Rights New York, and several New York voters with disabilities, including Rasheta Bunting, Karen Gourgey, Keith Gurgui, and Jose Hernandez, have settled the Americans with Disabilities Act (ADA) lawsuit they brought against the New York State Board of Elections (NYSBOE) in 2020…

MBTA Resolves Allegations of ADA Violations

April 5, 2022 | Source: U.S. Attorney’s Office District of Massachusetts & WBUR & WHDH & Middletown Press

The Massachusetts Bay Transportation Authority (MBTA) has resolved allegations that it violated the Americans with Disabilities Act (ADA) by providing a subsidy for users of The Ride paratransit service to supplement their paratransit rides with ride sharing companies like Uber and Lyft, even though these companies did not have the capacity to provide service to passengers who used wheelchairs. During its investigation, the U.S. Attorney’s Office found that because wheelchair accessible vehicles were either unavailable or the wait times were excessive, wheelchair users could not benefit from the MBTA program…

DOJ Alleges Disability Discrimination in Amended Lawsuit Concerning Design and Construction of Multifamily Housing in Hawaii

April 4, 2022 | Source: DOJ & KITV

The Justice Department filed an amended complaint today in the U.S. District Court for the District of Hawaii, alleging that 14 entities designed and constructed five condominium and apartment complexes in Hawaii without accessible features required by the Fair Housing Act. Two of the properties — Kahului Town Terrace, in Kahului, Maui; and Palehua Terrace, in Kapolei, Oahu — were built with financial assistance from the federal government’s Low-Income Housing Tax Credit program…

Dozens of Northern California wineries face website accessibility lawsuits

April 1, 2022 | Source: North Bay Business Journal & KSRO

4 steps to fixing a business website after an accessibility lawsuit

April 1, 2022 | Source: North Bay Business Journal

North Coast wineries are part of a growing wave of lawsuits nationwide alleging that company websites aren’t compliant with federal and state laws requiring equal access to those with disabilities. Cases naming wineries as defendants have more than doubled in the past five years in California alone, with at least one lawyer saying he expects them to spread to other types of businesses. Vintners and other businesses face thousands of dollars in penalties plus legal costs if they lose in court…

March 2022

Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs

March 31, 2022 | Source: Seyfarth Shaw

New York federal courts have been inundated with website accessibility lawsuits in recent years and continued to lead the country with 2,074 cases filed in 2021. By comparison, California came in at a distant second with only 359 filings for the same period. Most of these 2,000+ New York lawsuits have been filed by a relatively small number of firms on behalf of blind plaintiffs who make vague and conclusory allegations about how they could not access the goods and services on dozens, if not hundreds of websites…

California Wineries Hit by Americans with Disabilities Act Lawsuits Over Website Accessibility: Andres Gomez Case Rejected by Federal Judge

March 30, 2022 | Source: JMBM

Is your website compliant with the ADA?

March 25, 2022 | Source: Barnes & Thornburg & Herzoglaw & Greenberg Glusker & Genova Burns & Octans Legal & Sheppard Mullin

After nearly two decades of peace in the vineyards, California wineries are once again the targets of ADA litigation. ADA lawsuits are being filed almost daily against wineries large and small by a single plaintiff, Andres Gomez. Mr. Gomez, a Miami resident, has sued more than 100 wineries in Northern California and the Central Coast, claiming their websites violate the ADA. You may recall the late 1990s, when wineries in the Napa, Sonoma and Anderson valleys offering tasting rooms, vineyard tours and special events were the targets of ADA architectural barrier lawsuits…

Virtual reality event company resolves ADA complaint

March 25, 2022 | Source: Department of Justice U.S. Attorney’s Office Southern District of Texas

Infinity Experiences Inc. has reached an agreement under Title III of the Americans with Disabilities Act (ADA) to improve communication regarding physical accessibility, announced U.S. Attorney Jennifer B. Lowery. The Infinite is a unique 3-D immersive virtual reality space exploration experience. Infinity Experiences Inc. designed The Infinite based on various NASA missions. The event embarked on a world tour starting in December 2021. It will make stops in three cities per year until 2026, the first of which was in Houston…

Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull

March 21, 2022 | Source: Seyfarth Shaw

Record Number of Lawsuits Filed Over Accessibility for People with Disabilities

March 23, 2022 | Source: SHRM

The numbers are in for total website accessibility lawsuit filings in federal courts in 2021, and they show a whopping 14% increase from 2020. The total number of lawsuits filed in federal courts alleging that plaintiffs with a disability could not use websites because they were not designed to be accessible and/or work with assistive technologies in 2021 was 2,895–372 more than 2020. This 14% increase in the number of lawsuits in 2021 exceeds the 12% increase we saw in 2020. While these numbers pale by comparison to the explosion of cases we saw from 2017 to 2018 (an increase of 177%), the recent increases are still very significant…

Justice Department Issues Web Accessibility Guidance Under the Americans with Disabilities Act

March 18, 2022 | Source: Department of Justice & AFB & ADA & Forbes & CUNA & American Bankers Association & MyChesCo

Why We Should Be Disappointed By DOJ’S Web Accessibility Guidance

March 22, 2022 | Source: Ken Nakata & Seyfarth Shaw & McAfee & Taft & William D. Goren & Jackson Lewis & Barnes & Thornburg & Ogletree Deakins & Ballard Spahr

The Department of Justice published guidance today on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA Title III) can make sure their websites are accessible to people with disabilities in line with the ADA’s requirements. The guidance discusses a range of topics, including the importance of web accessibility, barriers that inaccessible websites create for some people with disabilities, when the ADA requires web content to be accessible, tips on making web content accessible and other information and resources…

Justice Department Secures Settlement to Resolve Disability Discrimination Against People with Opioid Use Disorder

March 17, 2022 | Source: Department of Justice

Today the Justice Department reached a settlement agreement with Ready to Work, a not-for-profit residential, work and social services program for individuals who are homeless, with facilities in Aurora and Boulder, Colorado. Under the agreement, Ready to Work will not deny services on the basis of disability, including OUD, or apply standards or criteria that screen out individuals with disabilities. The agreement also requires Ready to Work to adopt non-discrimination policies, train staff on its non-discrimination obligations, and report on compliance. Ready to Work will also pay damages to the Complainant…

Federal Judge Strikes Down Indiana’s Mandatory Absentee Voter Traveling Board as Discriminating against Voters with Disabilities for May 2022 Election

March 10, 2022 | Source: Disability Rights Advocates & Tribune-Star

Yesterday, the Honorable Jane Magnus-Stinson of the United States District Court for the Southern District of Indiana struck down Indiana’s rule that absentee voters who could not independently mark their own ballot may vote absentee by mail only by appointment with a “traveling board” of elections officials in the May 2022 election. The traveling board rule was the most restrictive in the country for voters with disabilities and had resulted in at least one voter being unable to cast a ballot in the November 2020 Presidential Election because a traveling board never came to her home to help her vote…

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

March 7, 2022 | Source: Seyfarth Shaw

Landmark ADA Case Leaves More Questions Than Answers on Website Obligations

March 9, 2022 | Source: Akerman LLP

On March 2, 2022, the Eleventh Circuit Court of Appeals denied Winn-Dixie’s request that the full panel of judges reconsider a single Eleventh Circuit judge’s order dismissing the appeal and district court proceeding as moot. This ends what had been an over-six year saga in one of the most-watched website accessibility cases in the country. Here’s your Cliffs Notes version of this drama: In June 2017 a Florida federal trial court ruled in favor of the blind plaintiff, finding Winn-Dixie’s inaccessible website violated the ADA, holding Winn-Dixie responsible for third party content on its website…

ADA lawsuits skyrocketing, website accessibility requirements not followed

March 5, 2022 | Source: RV Travel

Owning and operating a campground has never been a piece of cake. The same holds true for most small businesses, but campground owners had the added burden of dealing with weather, natural disasters, and a mostly seasonal/transient labor force. Now, you can add legal liability for their website content to the liability list, thanks to skyrocketing ADA lawsuits. For the past few years, the number of Americans with Disabilities Act Title III (ADA) lawsuits related to U.S. websites has skyrocketed…

Community college district won’t take disability case to Supreme Court following protests

March 3, 2022 | Source: LA Times

Responding to intense protests from the disability community, the Los Angeles Community College District’s Board of Trustees has backed down from appealing to the U.S. Supreme Court over a lawsuit filed by two blind students claiming they were denied equal access to education. During a closed session meeting Wednesday night, the board voted unanimously ahead of a deadline to direct its lawyers to refrain from appealing to the high court over the 2017 lawsuit and to continue instead with mediation…

Justice Department Finds that Colorado Violates the Americans with Disabilities Act

March 3, 2022 | Source: Department of Justice

The Justice Department concluded today that Colorado unnecessarily segregates people with physical disabilities in nursing facilities, in violation of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. The department’s findings, detailed in a letter to Colorado Governor Jared Polis, follow a thorough and multi-year investigation into the state’s system of care for people with physical disabilities. The ADA and the Olmstead ruling require state and local governments to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability…

Feds investigating complaints the Houston Rodeo is not in compliance with American Disabilities Act

March 1, 2022 | Source: KHOU & FOX 26 Houston

The U.S. Attorney’s Office will conduct a compliance review of the Houston Livestock Show and Rodeo to evaluate accessibility for the disabled, U.S. Attorney Jennifer B. Lowery announced Tuesday. The investigation was launched after complaints the HLSR violated the Americans with Disabilities Act of 1990 (ADA). The allegations include failing to provide accessible parking, accessible seating, and accessible routes at NRG Park where the three-week event is held. Rodeo officials said Tuesday they were not aware of specific complaints but said they would work with NRG Park, the event’s facility, to make adjustments if they were needed…

February 2022

ADA Title III Federal Lawsuit Filings Hit An All Time High

February 17, 2022 | Source: Seyfarth Shaw

As regular readers know, the number of ADA Title III lawsuits filed in federal court in 2020 dipped slightly under 11,000, but the plaintiffs’ bar came roaring back in 2021. There were at least 11,452 federal filings last year – an all-time record since we started keeping track in 2013 when there were only 2,722 suits. That’s a 320% increase in eight years. Has the world become more inaccessible? We don’t think physical facilities are any less accessible than they were in 2013…

Judge holds D.C. in contempt for failing to provide education to older students with disabilities in jail

February 17, 2022 | Source: The Washington Post

A federal judge has found the District in contempt of court for failing to provide adequate special education to students with disabilities detained at the D.C. jail. In the Wednesday order, District Judge Carl J. Nichols required the city to have a “remote-learning system fully operational” by March 15; to submit individualized plans to make up for missed special-education hours over the past five months; and to extend eligibility for all students who may have aged out of the education program since the court first issued an injunction in June 2021…

Justice Department Resolves Lawsuits to Ensure Equal Access to Health Care for People with HIV

February 17, 2022 | Source: Department of Justice

The Justice Department today announced that it has filed proposed consent decrees with two obstetrician-gynecologist (OB/GYN) doctors in Bakersfield, California. The consent decrees, which are subject to approval by the U.S. District Court for the Eastern District of California, resolve the department’s lawsuits against the doctors, Umaima Jamaluddin MD, and Chibuike Enyereibe Anucha MD, PC, under the Americans with Disabilities Act (ADA). The department sued Dr. Jamaluddin and Dr. Anucha alleging violations of the ADA based on their refusal to provide routine medical care to a patient because the patient has HIV…

Justice Department Issues Guidance on Ballot Drop Box Accessibility Requirements Under the Americans with Disabilities Act

February 15, 2022 | Source: Department of Justice

The Justice Department announced today it has issued guidance under the Americans with Disabilities Act (ADA) on how to ensure that ballot drop boxes are accessible to voters with disabilities. The publication, “Ballot Drop Box Accessibility, the Americans with Disabilities Act,” is intended to help election officials understand the ADA’s requirements, including the physical accessibility standards applicable to ballot drop boxes, and for voters with disabilities to understand their rights under federal law…

P&G Website Not Accessible To Blind Individuals, Class Action Claims

February 4, 2022 | Source: Top Class Actions

The Procter & Gamble Company’s website is not fully accessible to visually-impaired individuals, according to a class action lawsuit filed Feb. 2 in New York federal court. Plaintiff Robert Weekes is a legally-blind person who says he attempted to utilize P&G’s website www.sk-ii.com, which sells different skin care and facial treatment products. However, the P&G website’s screen reader allegedly fails to read the item description link and stops functioning abruptly in the middle of a sentence, according to the P&G class-action lawsuit. As a result, Weekes says he was not able to utilize the website to purchase items…

EEOC Sues Pneuline Supply for Disability Discrimination and Retaliation

February 2, 2022 | Source: EEOC

Colorado parts manufacturer Pneuline Supply, Inc., fired an employee who has a severe hearing impairment because of her disability and/or need for accommodation and in retaliation for requesting an accommodation and complaining about discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. According to the EEOC’s lawsuit, Pneuline Supply hired Lyubov Mezentseva in May 2017 as an assembler at its Greeley facility, knowing that she had a severe hearing impairment and was proficient in American Sign Language (ASL), but not English…

January 2022

DOJ Secures Agreement to Make Online COVID-19 Vaccine Registration Accessible for People with Disabilities at Kroger Grocery Chain

January 28, 2022 | Source: DOJ & Agreement & U.S. Attorney’s Office Southern District of Ohio & The Georgia Virtue & MyChesCo

The Justice Department today announced that it has secured a settlement agreement with The Kroger Co. (Kroger) under the Americans with Disabilities Act (ADA) that will eliminate barriers preventing people with certain disabilities from getting information about COVID-19 vaccinations and booking their vaccination appointments online. Kroger is an Ohio-based retailer with approximately 2,800 retail grocery stores under the Kroger name and other brands, with a presence in 35 states and the District of Columbia…

Uber manager sobs on stand during trial over wheelchair accessibility

January 24, 2022 | Source: Courthouse News Service

An Uber manager cried on the witness stand Monday when confronted with claims that the ride-hail giant doesn’t care that much about making its service accessible to people who need motorized wheelchairs to get around.

“I think that’s untrue,” Uber’s manager for premium products Connor Fagent said, choking back tears. “I’ve devoted most of my time at Uber working on the program and putting a lot of effort to try to make it work … and I take a lot of pride in my work.”…

ADP Settlement Offers Framework for Future Digital-Accessibility Agreements

January 20, 2022 | Source: The Wall Street Journal

When a lawsuit alleged that human-resources software company Automatic Data Processing Inc. had failed to make its products accessible for people who are blind or have low vision, the case joined a growing body of litigation over accessibility in the digital world. But its recent settlement, and the path that the opposing parties took to get there, could do more for digital accessibility than many of the cases that came before it, some advocates say. The sides used so-called structured negotiations—a strategy in which parties agree to cooperate with one another, usually without a lawsuit on file—that resulted in a settlement without further litigation in court…

11th Circuit’s ADA Reversal Curbed Florida Litigation in 2021, but Digital Accessibility Suits Are ‘Here to Stay’

January 14, 2022 | Source: Law.com

It’s been a busy 12 months for Americans With Disabilities litigators across the country, who filed about 15% more digital accessibility lawsuits than they did in 2020—equating to more than 10 lawsuits per day. And yet, Florida hosted substantially less litigation after the U.S. Court of Appeal for the Eleventh Circuit overturned a landmark ruling in Gil v. Winn-Dixie. In it, the appellate panel found that websites generally aren’t covered by the ADA, Title III of which governs accessibility of public spaces and prohibits discrimination on the basis of disability…

Blind students fight for accessible college classes

January 13, 2022 | Source: EdSource (Podcast)

In 2017, two blind students in the Los Angeles Community College District filed a lawsuit claiming that they and other blind students weren’t given accessible materials in math classes. The students say that without materials in braille or audio, or tutors to read the material out loud, the classes are almost impossible to pass, effectively barring students from transferring to a four-year college. California’s largest community college district is planning to appeal the case to the U.S. Supreme Court, arguing that federal disability rights laws don’t cover “unintentional discrimination.”…

Amtrak Pays Over $2 Million to Individuals in Disability Settlement

January 12, 2021 | Source: Department of Justice & OPB & Newsweek & The New York Times & NPR

The Department of Justice today announced that Amtrak paid over $2 million to more than 1,500 individuals who experienced disability discrimination while traveling or attempting to travel by train. The payments were part of a comprehensive settlement agreement reached on Dec. 2, 2020, to resolve the United States’ determination that Amtrak failed for over a decade to make existing stations in its intercity rail transportation system accessible to people with disabilities, including those who use wheelchairs, as required by the Americans with Disabilities Act (ADA)…

NHL Anaheim Ducks Ask Judge to Toss Disability Suit Over Website

January 7, 2021 | Source: Bloomberg Law

The Anaheim Ducks Hockey Club told a federal court that a proposed Americans with Disabilities Act class action alleging its website fails to accommodate visually-impaired people should be dismissed because the named plaintiff is “not a bona fide patron.” Plaintiff Yensy Contreras lacks standing to pursue the claims because she “never attempted to access ” the National Hockey League team’s website, and “does not intend to access defendant’s website in the future,” the Ducks told the U.S. District Court for the Southern District of New York Thursday. Contreras is instead “a serial plaintiff” who filed the suit “to try to …

2021 Year End Report – App & Web Accessibility Lawsuits Break Records

December 21, 2021 | Source: UsableNet & Full Report

Forum Shopping For a Website Lawsuit Over the Holidays? Look No Further than the SDNY.

December 22, 2021 | Source: Seyfarth Shaw

Five 2022 accessibility trends

January 2, 2021 | Source: UX Collective- Sheri Byrne-Haber

Crystal Ball 2022: More Aggressive DOJ Enforcement, More Lawsuits, and Maybe a New Rulemaking.

January 4, 2021 | Source: Seyfarth Shaw

Our annual report is out and below are the highlighted trends we are seeing along with some color behind the numbers. This report is now in its fourth year and is published twice a year. The data is used by over 200 different news and content outlets along with being used in key cases including the Domino’s cases noted in front of the Supreme Court. Digital Lawsuits have helped bring significant attention to the need to ensure all digital experiences should be usable by all. The UsableNet research team monitors and documents all digital accessibility-related lawsuits where a website, mobile app, or video content is the subject of a claim in federal court under the ADA or in State court under ADA-related laws…

Microassist offers accessibility audit, remediation, and development services to help you meet your legal requirements for your digital content and services. To begin making sure your website, third-party platforms, documents, and other digital assets are accessible to people with disabilities, please visit our Accessibility Services pages, or contact our Accessibility Team.

AITN Legal Edition: 2021 Archives

Quick Links: 2022 | 2020 | 2019 | 2018

December 2021

SC students with disabilities spar with state officials over near-ban on school mask mandates before Fourth Circuit

December 9, 2021 | Source: Courthouse News Service

Civil rights advocates urged the Fourth U.S. Circuit Court of Appeals Thursday to stop South Carolina from holding state funds from public schools that adopt mask mandates amid the deadly Covid-19 pandemic. South Carolina’s Republican-led General Assembly enacted a budget provision banning school districts from using state funds to announce or enforce mask mandates, prompting several groups to sue on behalf of students who they say are endangered by the rule. Attorney John Freedman, arguing on behalf of the plaintiffs before a three-judge panel on Thursday, said the state’s rule violates anti-discrimination laws…

Lawsuit Reform Alliance names New York second-worst ‘judicial hellhole’ in US

December 7, 2021 | Source: New York Post

It’s settled: New York is the second-worst “judicial hellhole” in the country, according to a new study. The Empire State earned the unflattering ranking, behind only California, thanks to a flood of frivolous food lawsuits, disability complaints and “nuclear” verdicts shelling out millions in awards, the American Tort Reform Association found. The nonprofit that seeks to reduce lawsuit abuse says 109 food and beverage consumer class-action lawsuits were filed last year — more than the top four states on the “judicial hellhole” list combined…

DOJ and Dunlap School District Reach Agreement to Provide Fully Accessible Elementary School Playground

December 7, 2021 | Source: Department of Justice

The Department of Justice has reached a settlement pursuant to the Americans with Disabilities Act (ADA) with Dunlap Community Unit School District No. 323, located in Dunlap, Illinois, ensuring that Banner Elementary School’s outdoor playground is accessible to all children, including children with disabilities. The settlement agreement resolves an ADA complaint filed by parents of a child with a disability at Banner Elementary. The complaint alleged that a child with a disability was routinely unable to access Banner’s existing playground to play with peers and had to play alone…

Venue over Foreign Defendant; and Seeking Rehearing before Mandamus

December 6, 2021 | Source: Patently-O

This mandamus petition has been denied, although the Federal Circuit has suggested that Judge Albright reconsider his denial of venue transfer. AudioEye sued accessiBe for patent infringement (US10423709, et al.) as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). But, instead of suing in New York, AudioEye sued in W.D. Tex. The focus here is on screen-reader used to help individuals with disabilities better access the internet. The software particularly helps to fix non-compliant websites to make them more accessible…

Federal Court Approves Settlement Providing Accessible Restroom and Other Accommodations to NYC Educator

December 2, 2021 | Source: Disability Rights Advocates

The New York City Department of Education (NYCDOE) will provide desperately needed reasonable accommodations for a Bronx middle school teacher, according to an offer of judgment approved by the Federal District Court for the Southern District of New York earlier this week. This judgment concludes the federal lawsuit filed in March 2021 by Disability Rights Advocates (DRA), a national nonprofit legal center, against the largest public school district in the nation, the New York City Department of Education (DOE)…

DOJ Secures Agreement with Hy-Vee Supermarket Chain to Make Online COVID-19 Vaccine Registration Accessible for People with Disabilities

December 1, 2021 | Source: DOJ & PR Newswire & Des Moines Register & WeAreIowa

The Justice Department today announced that it has secured a settlement agreement with Hy-Vee Inc. that will help people with disabilities get information about COVID-19 vaccinations and book their vaccination appointments online. The Hy-Vee supermarket chain has more than 280 stores in Iowa, Illinois, Missouri, Kansas, Nebraska, South Dakota, Minnesota and Wisconsin. Today’s resolution is the department’s second agreement on this critical issue, following a November 2021 announcement of its settlement with Rite Aid Corporation…

November 2021

CBD Company Slammed With ADA Suit Over Website Access

November 29, 2021 Source: Law360 & Hemp Industry Daily

A proposed class of legally blind customers sued CBD products company Prospect Farms Hemp Sales LLC in New York federal court on Monday alleging that the company has violated the Americans with Disabilities Act by failing to provide an accessible website. Plaintiff Rasheta Bunting brings the suit on behalf of all legally blind individuals within the United States who have attempted to access Prospect Farms’ website during the relevant statutory period but have been unable to purchase goods or services offered by the company due to the limitations on the website. According to the complaint, Bunting is a visually impaired and…

Domino’s, Blind Patron Settle ADA, Website Accessibility Suit

November 17, 2021 | Source: Mealey’s

More than four months after a California federal judge ordered Domino’s Pizza LLC to make its website fully accessible to blind and visually impaired patrons, the pizza chain and a blind man who sued it for violations of the Americans with Disabilities Act (ADA) announced on Nov. 5 that they had reached a settlement in the five-year-old lawsuit. In the joint notice of settlement, no details of the agreement were disclosed. The parties asked the U.S. District Court for the Central District of California to vacate all upcoming dates and deadlines, including a jury trial, which was scheduled to begin Nov. 16…

Suit challenging Rehoboth’s accessibility headed to mediation

November 16, 2021 | Source: Cape Gazette

A lawsuit filed against Rehoboth Beach claiming the city doesn’t provide adequate accessible parking in the commercial district has been referred to mandatory mediation. In April, plaintiffs Brigitte Hancharick, Ilse Payne and Robert Payne filed a lawsuit in U.S. District Court claiming the city does not provide sufficient accessible public street parking on Rehoboth Avenue and the blocks abutting it. The lawsuit argues the plaintiffs, and other people with disabilities, are harmed by denying and excluding them from a public service in violation of Title II of the Americans with Disabilities Act…

CVS Drops Supreme Court Case Over Disability Community Concerns

November 12, 2021 | Source: Disability Scoop

CVS is backing off a U.S. Supreme Court case amid concerns from disability advocates that a ruling in the company’s favor could undermine fundamental tenets of the nation’s disability rights laws. The case CVS Pharmacy Inc. v. Doe was set to be heard by the high court Dec. 7. At issue was a prescription drug plan managed by CVS that required people needing specialty medications to get them by mail rather than at a local pharmacy. Five people with HIV sued the company arguing that the plan rule prevented them from getting appropriate care and discriminated against them based on their disability…

This Company Tapped AI for Its Website—and Landed in Court

November 11, 2021 | Source: Wired

Last year, anthony Murphy, a visually impaired man who lives in Erie, Pennsylvania, visited the website of eyewear retailer Eyebobs using screen reader software. Its synthesized voice attempted to read out the page’s content, as well as navigation buttons and menus. Eyebobs used artificial intelligence software from Israeli startup AccessiBe that promised to make its site easier for people with disabilities to use. But Murphy found it made it harder…

Islanders Fans With Disabilities File Complaint Over UBS Arena Accessibility

November 10, 2021 | Source: CBS (YouTube) & News 12 Connecticut

There is joy for most Islanders fans as the long-awaited new home, the UBS Arena, prepares for its opening in 10 days, but some fans who are disabled claim their health and safety were forgotten in the process…

Justice Department Sues Uber for Overcharging People with Disabilities

November 10, 2021 | Source: Department of Justice& Wall Street Journal& NPR

The Justice Department today filed a lawsuit against Uber Technologies Inc. (Uber) for charging “wait time” fees to passengers who, because of disability, need more time to enter a car. Uber’s policies and practices of charging wait time fees based on disability have harmed many passengers and potential passengers with disabilities throughout the country. The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that Uber violated Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination by private transportation companies like Uber…

Justice Department Secures Agreement with Employer to End Unnecessary Medical Exams and Health Questions

November 9, 2021 | Source: Department of Justice & Consent Decree

The Justice Department filed an agreement with the Federal Court in New Jersey to resolve its lawsuit against the Port Authority Trans-Hudson Corporation (PATH) under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). PATH operates a rail transit service between Manhattan and New Jersey. The department’s suit alleges that PATH subjected its workers to unnecessary medical exams and sought unnecessary information from those employees about their disabilities and other health conditions…

New York District Court Issues Important Opinion on the Inapplicability of Title III of the ADA to Consumer-Facing Websites

November 3, 2021 | Source: Blank Rome & PDF

In Winegard v. Newsday LLC, U.S. District Judge Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s motion to dismiss. The decision is a first of its kind by a New York federal court, and it goes against several district court decisions to the contrary. Nevertheless, the court’s well-reasoned and meticulous analysis could be adopted by other judges in the Southern and Eastern Districts of New York, which have been hotbeds for abusive website accessibility shakedown lawsuits…

Justice Department Secures Agreement with Rite Aid Corporation to Make Its Online COVID-19 Vaccine Registration Portal Accessible to Individuals with Disabilities

November 1, 2021 | Source: U.S. Department of Justice & UrduPoint & The Hill & Sierra Sun Times & Fierce Healthcare & Healthcare IT News & G3ict

The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania today announced a settlement agreement with Rite Aid Corporation that will help people with disabilities get information about COVID-19 vaccinations and book their vaccination appointments online. Rite Aid’s COVID-19 Vaccine Registration Portal was not accessible to some people with disabilities, including those who use screen reader software and those who have a hard time using a mouse…

October 2021

Justice Department Reaches Agreement with Vermont Department of Corrections to Improve Access for Inmates with Disabilities

October 28, 2021 | Source: Department of Justice

The Civil Rights Division and U.S Attorney’s Office for the District of Vermont today announced a settlement agreement with the Vermont Department of Corrections (VDOC) to ensure that inmates with disabilities have equal access to Vermont’s correctional facilities, programs, services and activities. The agreement resolves the department’s investigation into complaints that VDOC does not provide accessible facilities for inmates with mobility disabilities, and does not ensure effective communication for inmates with hearing disabilities, as required under Title II of the Americans with Disabilities Act (ADA)…

Reluctant localities are being dragged into court to fix sidewalks for people with disabilities

October 23, 2021 | Source: Sentinel Source

From her Baltimore dining room, Susan Goodlaxson can see her neighbor gardening across the street. But while other neighbors stop to chat, Goodlaxson just watches from the window. She uses a wheelchair, and there isn’t a single curb ramp on her block. If the 66-year-old wanted to join, she’d have to jump her wheelchair down the 7½-inch curb and risk a fall. Ditto if she wanted to wheel over to the library, a trip that would require riding in the street to avoid rampless curbs and broken sidewalks…

Biden Department of Justice Steps up ADA Title III Enforcement

October 11, 2021 | Source: Seyfarth Shaw

Legal Update: U.S. Department of Justice, U.S. Attorneys Offices, Championing Digital Access

October 10, 2021 | Source: LF Legal

As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took office, the DOJ has issued a guidance on “long COVID,” filed Statements of Interest (SOI) in three ADA Title III (public accommodation) cases and three ADA Title II (state and local government) cases, and renewed its effort, dormant under the prior presidential administration, to pressure businesses to make their websites accessible to users with disabilities through threats of enforcement actions….

Lawsuit Provides Blind Individuals with Access to New York State’s Emergency Mass Notification System

October 8, 2021 | Source: Legal Reader

People who are blind and use screen readers will now have independent access to life-saving information offered by “NY-Alert,” New York State’s Mass Notification System. Under a settlement agreement just reached between blind advocates and the New York State Office of Information Technology Services (ITS), the state agency will bring critical information on the NY-Alert website into compliance with web accessibility standards within six months, so that individuals who use screen readers can ensure they receive urgent emergency notifications, including time-sensitive alerts about dangers like hurricanes, floods, fires, and winter storms…

Judge Approves ADA Class Action Settlement Against Eyewear Company Over Website’s Lack of Visibility

October 7, 2021 | Source: The Legal Intelligencer

A federal judge has approved a class action settlement between visually impaired plaintiffs and an eyewear company under the Americans with Disabilities Act over claims that its website was not accessible to those with poor vision. U.S. Magistrate Judge Richard Lanzillo of the Western District of Pennsylvania granted lead plaintiff Anthony Murphy’s unopposed motion to certify class for settlement purposes and for preliminary approval of class action settlement. The suit was brought by Murphy on behalf of similarly situated class members against online eyewear retailer Eyebobs…

Equality Act Could Undermine Business Defendants In Web Access Suits

October 4, 2021 | Source: Cato Institute

There’s probably no issue of regulation on which I’ve been sounding the alarm for a longer time than on web accessibility, as it’s called. Many disabled‐rights advocates believe it should be, or already is, a violation of federal law for a business or a professional practice to post content online that is not fully accessible. That means, fitted out with video captions and action descriptions, alternative text, or alternative navigation methods for the benefit of potential users who are blind, deaf, or lacking in the fine motor skills needed to control a mouse, to name but three user groups…

Justice Department eyes Texas mask mandate ban in lawsuit from disabled students

October 1, 2021 | Source: ABC News & The New York Times

The Justice Department filed a new statement of interest in a case involving disabled students in Texas who say they are at a heightened risk of catching COVID-19 because of the state’s ban on mask mandates in public schools. “The serious adverse consequences on students with certain disabilities is readily foreseeable. Some parents of children at heightened COVID-19 risk will likely keep their children at home—even though the children could safely attend school if mask protocols could be put in place,” the department said in the filing…

30 Years After the ADA, We’re Still Fighting for Disability Justice

October 1, 2021 | Source: In These Times

“Oh, we don’t have closed captions for this.” I felt the disappointment in my stomach. Later that same week, I went to another online poetry event — for the first few minutes. I left once it became apparent closed captions weren’t available there either. I have visual and auditory disabilities, making closed captions the easiest accommodation for me to participate in live Zoom events. When the pandemic began in 2020, I remember nondisabled people saying how “inconvenient” it was to adjust to living in a socially distant world where virtual events replaced in-person events…

Deaf Man Arrested, Jailed For 4 Months After He Couldn’t Hear Police Commands: Lawsuit

October 1, 2021 | Source: Huff Post

Two years ago, Brady Mistic of Colorado was approached by a pair of police officers, who’d followed him into a parking lot after he allegedly ran a stop sign. Mistic, then 24, did not comply with the officers’ demands. He had no idea what they were saying to him, according to his attorney, because he is deaf in both ears and does not lip-read, communicating primarily through American Sign Language. The subsequent encounter would lead to Mistic suing the officers, the city of Idaho Springs and the Clear Creek County Board of Commissioners…

September 2021

FCC slaps ViacomCBS with $3.5M fine over Pluto TV closed captions

September 29, 2021 | Source: Fierce Video & Bloomberg Law & Variety & FCC & tvtech & CMA Trends

The Federal Communications Commission’s Enforcement Bureau settled an investigation with Pluto Inc. and its parent company, ViacomCBS Inc., regarding violations of FCC accessibility rules, according to a statement from the Commission. In addition to paying a $3.5 million civil penalty, Pluto Inc. agreed to enter into a compliance plan to ensure that non-exempt video programming that Pluto streams over the internet includes closed captioning in compliance with Commission rules…

Justice Department Resolves Lawsuit Alleging Disability-Based Discrimination at 38 Multifamily Housing Complexes in North Carolina

September 28, 2021 | Source: DOJ

DOJ Resolves Lawsuit Alleging Disability-Based Discrimination at 46 Multifamily Housing Complexes in North Carolina and South Carolina

September 28, 2021 | Source: DOJ

The Justice Department announced that Mills Construction Company Inc. and several related entities have agreed to pay $275,000 to settle claims that they violated the Fair Housing Act and the Americans with Disabilities Act (ADA) by failing to build 38 multifamily housing complexes in North Carolina with required accessible features for people with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the complexes…

DOJ Resolves Lawsuit Alleging Disability-Based Discrimination by Developer and Owners of Eight Senior Living Complexes in Five States

September 17, 2021 | Source: US DOJ & The Tennessean & McKnight’s Senior Living

The Justice Department announced that the developer and owners of eight senior living complexes in Alabama, Florida, Georgia, South Carolina and Tennessee have agreed to pay $450,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to build these properties with required accessible features for people with disabilities. As part of the settlement, the defendants agreed to make substantial retrofits to remove accessibility barriers at the complexes, including more than 1,500 units…

Justice Department Files Statement of Interest in Lawsuit Regarding Self-Service Kiosks in Health Care Setting

September 20, 2021 | Source: ADA.gov

the Justice Department filed a Statement of Interest clarifying that Title III of the Americans with Disabilities Act requires that public accommodations provide auxiliary aids and services so that individuals with disabilities can fully and equally enjoy all of their services, including services provided through visual and electronic means on self-service kiosks. The Statement of Interest was filed in the Julian Vargas and American Council of the Blind v. Quest Diagnostics Clinical Laboratories, Inc. et al. lawsuit in the Central District of California…

Monrovia settles with DOJ to provide more wheelchair-accessible transportation

September 21, 2021 | Source: The San Gabriel Valley Tribune

Monrovia has settled with the Department of Justice following a federal review that found the city’s GoMonrovia transportation program did not comply with the Americans with Disabilities Act. The program offered reduced-fare Lyft rides to residents 24 hours a day and seven days a week, but because Lyft did not offer wheelchair-accessible vehicles, the city limited individuals with disabilities to a separate dial-a-ride service, which did not operate after 10 p.m. or on certain holidays, according to a release by the DOJ…

Disability rights group files lawsuit against Gov. Abbott and TEA over mask mandate, hearing set for Wednesday

September 14, 2021 | Source: WFAA

On Wednesday morning a federal court judge in Austin will hear a motion for a temporary restraining order against Governor Greg Abbott’s executive order banning mask mandates in schools. Disability Rights Texas, an advocacy group, filed the suit in late August saying the governor’s order “puts students with disabilities at risk.” Also named in the suit is the Texas Education Agency and Commissioner Mike Morath. “This lawsuit is not about making anyone do anything. This lawsuit is about giving school district the freedom to do what they deem appropriate in their locality,” said Dallas Attorney Tom Melsheimer…

Court of Appeals in Pasadena Orders District Court to Review Decision on Accessibility at Baseball Stadium

September 6, 2021 | Source: Pasadena Now

The U.S. Court of Appeals for the Ninth District in Pasadena has decided that a judgment in favor of the stadium where the Seattle Mariners play did not adequately explain how the stadium accommodates visitors in wheelchairs. In their federal lawsuit against the owners and operators of the park, a group of fans claimed the park does not have accessible sightlines that make it possible for folks in wheelchairs to see all of the game, such as the playing field and the scoreboard, according to Courthouse News…

Ninth Circuit overturns judgment in a legal battle over the wheelchair accessibility at a Seattle baseball park

September 1, 2021 | Source: Courthouse News Service

The Ninth Circuit on Wednesday found that a judgment entered in favor of the owners of the T-Mobile Park in Seattle, home of the Seattle Mariners Major League Baseball team, did not fully explain how the stadium has accessible sightlines for visitors in wheelchairs. The case began when a group of baseball fans made up of Clark Landis, Robert Barker, Grady Thompson and Kayla Brown, all of whom use wheelchairs for mobility, alleged that the Seattle stadium built in the late 90s was not fully compliant with regulations under the Americans with Disabilities Act…

August 2021

UPDATE: ADA Plaintiffs Filing Multiple Lawsuits Targeting Hotel Websites

August 30, 2021 | Source: CBS San Francisco

Hundreds of Bay Area merchants have been hit hard lately with lawsuits for violating the Americans with Disabilities Act. And the legal action is not just taking aim at brick and mortar businesses; it’s also targeting internet sites. Instead of a “drive-by” ADA lawsuit, it’s referred to on the street as a “click-by.” Some serial ADA plaintiffs sue almost exclusively over access to websites. And hotels are the hottest targets…

U.S. District Court for the Eastern District of New York Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to Consumer-Facing Websites

August 27, 2021 | Source: Blank Rome

In Winegard v. Newsday LLC, No. 19-CV-04420(EK)(RER) (E.D.N.Y. August 16, 2021), the Honorable Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s motion to dismiss. The decision is a first of its kind by a New York federal court, and it goes against several district court decisions to the contrary…

Broadening the Right to Sue

August 25, 2021 | Source: Inside Higher Ed

A federal appeals court ruled Tuesday that two blind students have the right to use disparate impact theory — which requires plaintiffs only to show that a policy has a disparate impact on them, not that it was intentional — in a lawsuit against the Los Angeles Community College District. If the ruling is upheld, a lawyer for the National Federation of the Blind, which joined the case, said it would be much easier to win discrimination cases based on disability. Joseph B. Espo, the lawyer, said, “People won’t need to prove there was an intent to cause harm,” and that will make cases much easier to win…

Justice Department Enters Agreement to Ensure Public Transportation for Passengers with Disabilities in the County of Hawaii

August 24, 2021 | Source: Department of Justice

The Justice Department entered into a settlement agreement with the County of Hawaii and the County’s Mass Transit Agency (MTA) to resolve an investigation conducted under Title II of the Americans with Disabilities Act (ADA). Under the agreement, the County and MTA must make their transit services, including Hele-On, the buses used by the majority of riders, accessible to passengers with disabilities. The agreement requires the County and MTA to ensure that passengers with disabilities have lifts to board buses; paratransit users are provided timely pick-ups and drop-offs; and bus stops are accessible…

It’s a New Day? EDNY District Court Deviates from Peers Holding That Newspaper’s Website Is Not a Place of Public Accommodation Under Title III of the ADA

August 23, 2021 | Source: Epstein Becker & Green

Last week, in Winegard v. Newsday LLC, the U.S. District Court for the Eastern District of New York issued a decision that may finally tee up the issue of website accessibility to be directly addressed by the Second Circuit and provided businesses without a brick and mortar presence with unexpected relief by dismissing a serial plaintiff’s putative class action lawsuit alleging that a newspaper’s failure to provide closed captions of online videos for individuals who are deaf or hard of hearing violated Title III of the Americans with Disabilities Act (“Title III” or “ADA”)…

Justice Department Settles Lawsuit Alleging Disability-Based Discrimination in Residential Rental Properties in North Dakota

August 16, 2021 | Source: Department of Justice

The Department of Justice announced today that Hampton Corporation Inc. and several related individuals and entities have agreed to settle a federal lawsuit alleging that they violated the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) by failing to design and construct apartment complexes and a rental office in North Dakota so they are accessible to people with disabilities. The Department of Justice previously resolved claims against the architect and engineer involved in the design of one of the four apartment complexes at issue in the lawsuit…

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

August 18, 2021 | Source: Seyfarth Shaw

Midyear Report – Accessibility Lawsuits On Track For Record- UsableNet

Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging violations of Title III of the ADA. Our mid-year total was 4,751, due to lockdowns in April and May. That was the lowest mid-year number we’d seen since 2017. But filings picked up in the second half of 2020, and they’ve continued to rise in 2021. In March 2021, we saw 1,240 filings—the most ever in one month. Our total for January 2021 through June 2021 is 6,304, which puts us on track to see 12,000 filings this year…

11th Circuit upholds sanctions for frivolous disability rights lawsuits

August 18, 2021 | Source: Courthouse News Service

A Florida man who filed more than 130 disability discrimination lawsuits will have to pay fines and serve community service for his role in an unethical fee-sharing arrangement with the now-suspended attorney who represented him. In a unanimous opinion issued Tuesday, an 11th Circuit panel upheld a federal judge’s ruling subjecting Alexander Johnson and his attorney Scott Dinin to sanctions for running an “illicit joint enterprise” to profit from inflated legal fees in federal lawsuits over disability access…

Lawsuit alleges SU’s website fails to meet federal accessibility standards

August 19, 2021 | Source: The Daily Orange

A prospective Syracuse University student has filed a class-action lawsuit against the university alleging its website fails to meet federal accessibility standards. The lawsuit, filed in New York Southern District Court on July 19, claims that SU has failed to make its website compatible with computer screen reader programs, depriving individuals who are blind or visually-impaired from accessing the site. The plaintiff is requesting an injunction that would require SU to take all the steps necessary to make its website accessible…

One law firm brought hundreds of website accessibility cases. One of their clients says they ‘beefed up’ her disability in more than a dozen lawsuits.

August 6, 2021 | Source: Business Insider

Frances Kalender is legally blind. She has a condition called retinitis pigmentosa that is eating at her peripheral vision. She can’t drive, and some things look blurry, but her central vision still works; she can read. But in 13 lawsuits, her lawyers gave a different impression, telling a judge that Kalender couldn’t browse the internet without text-to-speech software known as a screen reader. When Insider read portions of the lawsuits filed in her name, Kalender seemed confused. She doesn’t need a screen reader…

DOJ Settles with Florida’s Volusia County School District to Protect Students with Disabilities from Classroom Removals and Other Discrimination

August 3, 2021 | Source: DOJ

The Justice Department announced today a settlement agreement with Florida’s Volusia County School District (VCS) to address the district’s systemic and discriminatory practices that punish students with disabilities for their disability-related behavior and deny them equal access to VCS’s programs and services. The department conducted an investigation under Title II of the Americans with Disabilities Act (ADA) after the U.S. Attorney’s Office for the Middle District of Florida received a complaint from a local legal aid organization on behalf of several students, many of whom have Autism Spectrum Disorder…

July 2021

ADA Website Litigation: Eleventh Circuit Holds Website is Not Subject to Title III

July 27, 2021 | Source: Schiff Hardin

Plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites violate Title III of the Americans with Disabilities Act (ADA) because the sites are not accessible to visually impaired customers. But these lawsuits assume an answer to an unresolved question: does Title III apply to websites? Title III applies to “places of public accommodation” and prohibits discrimination on the basis of an individual’s disability. Yet neither the statute nor the accompanying regulations state that websites are places of public accommodation, leaving courts (or Congress) to determine whether websites are required to comply with Title III…

Man Sues American Airlines Because its Website Discriminates Against Blind People

July 24, 2021 | Source: Paddle Your Own Kanoo

A visually impaired and legally blind man has filed a class-action lawsuit against American Airlines claiming its website discriminates against people with visual impairments and is in violation of the Americans with Disabilities Act because the site can’t be easily interpreted by screen readers. Alex Hernandez of Sonoma county filed the lawsuit in the U.S. District Court for the Northern District of California last week claiming that American Airlines continues to deny blind customers full and equal access to its website, preventing Hernandez from buying flights from American Airlines…

San Francisco Chinatown Businesses Say They’re Targets Of Frivolous ADA Lawsuits; DA Investigates

July 22, 2021 | Source: CBS San Francisco & KESQ

District Attorney Chesa Boudin’s office is launching an investigation after his office said several Chinatown merchants were hit by potentially fake lawsuits and so-called “demand letters.” According to Boudin’s office, the lawsuits appear to come from lawyers who say the businesses did not comply with the Americans with Disabilities Act (ADA). One of the affected businesses was the Far East Cafe. It barely survived the pandemic, coming an eyelash away from shutting down this winter…

Maryland small businesses must watch out for ADA virtual-by lawsuits

July 22, 2021 | Source: Maryland Reporter

With the 31st anniversary of the Americans With Disabilities Act (ADA) coming Monday, July 26, it is time to warn Maryland small businesses about ADA virtual-by lawsuits since Maryland has dropped coronavirus-related restrictions. After reading the USA Today article, “Woman files about 500 lawsuits across US as ‘tester’ of disability compliance,” I recalled that I first learned what a tester of disability compliance in 2006 was. Living in Sykesville, I followed the activities of “ADA Shake-Down Artist” Marilynn Phillip of Hampstead, who uses a wheelchair because of post-polio syndrome and severe osteoporosis…

The Man Who Filed More Than 180 Disability Lawsuits

July 21, 2021 | Source: Lightly News

DanVy Vu was out on the ground of her restaurant one chilly night in December 2019 when a employees member referred to as her to the hostess station to help an indignant buyer — a person in a wheelchair who, alongside together with his spouse, had been caught exterior. The couple stated that that they had tried the accessible entrance via a courtyard however discovered the gate locked, which had left the person shivering out within the chilly whereas his spouse circled again to a nonaccessible entrance on the entrance of the restaurant for assist opening the gate…

Lawsuits Over Digital Accessibility for People With Disabilities Are Rising

July 15, 2021 | Source: The Wall Street Journal

The number of U.S. lawsuits alleging that websites, apps and digital videos were inaccessible to people with disabilities rose 64% in the first half of 2021 from a year earlier, a new report says. Plaintiffs filed 1,661 lawsuits claiming digital violations of either the federal Americans with Disabilities Act or California’s Unruh Civil Rights Act between Jan. 1 and June 30, up from 1,012 in the comparable period of 2020, according to the report by UsableNet Inc., a technology firm that offers accessibility-compliance technology and services…

U.S. Attorney Files And Simultaneously Settles Lawsuit Against Jujamcyn Theaters To Improve Accessibility At 5 Of Broadway’s Most Historic Theaters

July 13, 2021 | Source: DOJ

Jujamcyn Theaters to make accessibility improvements following suit

July 13, 2021 | Source: Broadway News & Deadline & Ticket News & Broadway World & The NY Times

Nimax Theatres releases statement addressing access issues at Six’s new Vaudeville Theatre home

July 15, 2021 | Source: WhatsOnStage

SIX’s Nica Burns Speaks to Accessibility Updates at Vaudeville Theatre

July 15, 2021 | Source: Broadway World

Audrey Strauss, the United States Attorney for the Southern District of New York, announced today the filing and settlement of a lawsuit in Manhattan federal court against JUJAMCYN THEATERS LLC, the owners and operators of five of Broadway’s most historic theaters, the AL HIRSCHFELD, the AUGUST WILSON, the EUGENE O’NEILL, the ST. JAMES, and the WALTER KERR, involving violations of the Americans With Disabilities Act (the “ADA”). The settlement, in the form of a consent decree, was entered yesterday by U.S. District Judge Analisa Torres…

NY Federal Judge Puts the Kibosh on 17 Reservations Website Lawsuits Filed by Same Plaintiff

July 7, 2021 | Source: Seyfarth Shaw

Last month, June 2021, Judge Sannes of the Northern District of New York dismissed 17 ADA cases brought by plaintiff Deborah Laufer for lack of standing. Laufer, a Florida resident with a disability, has been tormenting the hotel and lodging industry for years, bringing an impressive 614 lawsuits (including appeals) nationwide since 2018, including 63 in the Northern District of New York (NDNY). Her lawsuits are typically identical, alleging that the hotels violated the ADA and corollary state laws by failing to provide sufficient information about accessibility features and barriers at the hotels on their online reservation systems (ORS)…

ADA Alert: Lawsuits targeting physician offices

July 7, 2021 | Source: California Medical Association

The law regarding compliance with the Americans with Disabilities Act (ADA) can be complicated and difficult for physicians to navigate. However, it is increasingly important that physicians be aware of relevant laws, regulations, and guidelines to avoid being implicated in a lawsuit for unknowingly failing to comply with the ADA. The California Medical Association (CMA) has received reports that small and solo medical practices, especially in Southern California, have been sued for alleged violations of the ADA and the Unruh Civil Rights Act…

11th Circuit Fields Case of Disability Rights Claimant Sanctioned in Serial Litigation

July 1, 2021 | Source: Courthouse News Service

The 11th Circuit on Thursday considered whether a civil court judge overstepped his authority by issuing fines and community service penalties against a man known for filing more than 130 lawsuits over disability access.

Alexander Johnson was once hailed by his now-suspended attorney as a crusader for deaf people’s rights. He and the lawyer, Scott Dinin, filed dozens of federal lawsuits over alleged violations of the Americans with Disabilities Act, a law requiring the government and certain businesses to make their services accessible to disabled people…

June 2021

DOJ Reaches Agreement with the City of Killeen, Texas to Improve Access for Individuals with Disabilities

June 30, 2021 | Source: DOJ & ADA & Killeen Daily Herald

The Justice Department announced a settlement with the City of Killeen, Texas, to provide equal access in its programs, services, facilities and activities to individuals with disabilities, including veterans. The agreement is part of the department’s commitment to ensuring that civic institutions comply with the Americans with Disabilities Act (ADA). Killeen has a large population of veterans, active duty military service members, retirees and their families. Under the agreement, the City of Killeen will remove barriers to access in buildings such as City Hall, police stations, libraries, technology centers, community centers and places of recreation…

Court finds Domino’s Pizza Violated the ADA by Having an Inaccessible Website and Orders WCAG Compliance

June 25, 2021 | Source: Seyfarth Shaw

Domino’s accessibility lawsuit update

June 25, 2021 | Source: Sheri Byrne-Haber

Another Big Win in the Domino’s Pizza Accessibility Saga

June 25, 2021 | Source: Lainey Feingold

Domino’s Website Violated Americans With Disabilities Act, Judge Finds

June 30, 2021 | Source: MediaPost Communications

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

June 30, 2021 | Source: Bryan Cave Leighton Paisner

Five years after the lawsuit was first filed, federal district court judge Jesus Bernal ruled on June 23 that Domino’s had violated Title III of the Americans with Disabilities Act (ADA) by having a website that was not fully accessible to plaintiff, who is blind. This litigation saga has involved an appeal to the Ninth Circuit by plaintiff which reversed the district court’s dismissal of the case, a petition for certiorari filed by Domino’s which was denied, and numerous skirmishes in district court on remand which eventually culminated in the court’s June 23 order granting plaintiff’s motion for summary judgment on the ADA claim as it relates to Domino’s website…

FHCCI reaches $500K settlement over fair housing and ADA violations

June 25, 2021 | Source: Indiana Lawyer

The entities who designed, built, owned and managed 14 apartment complexes across central and northern Indiana have agreed to make improvements to the residential properties and pay more than $500,000 to settle a complaint filed by the Fair Housing Center of Central Indiana over alleged violations of federal accessibility requirements. Elwood Real Equities Inc., Construction Management & Design Inc., Alan R. Collins, Chris L. Collins, Property Management & Maintenance LLC, J.S.L LLC, J.S.L. & Associates, David Wells and James Lenczowski have agreed to expand access to people with disabilities in their apartment complexes…

Justice Department Files Statement Of Interest In Lawsuit Regarding School Resource Officers’ Arrest Of Child With Disabilities

June 24, 2021 | Source: ADA

Today, the Justice Department filed a Statement of Interest in the A.V. v. Douglas County School District et. al. lawsuit in the District of Colorado. In this lawsuit, the plaintiff alleges that the Douglas County School District, the Douglas County Sheriff, and their School Resource Officers violated Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Constitution, when School Resource Officers aggressively handcuffed and detained an eleven-year-old with autism spectrum disorder who scratched a classmate with a pencil after the classmate wrote on him with markers…

Judge Rules For Blind Voters In NC Accessibility Case

June 22, 2021 | Source: WFAE & Carolina Public Press & Franklin Press

A federal judge has ruled that the North Carolina State Board of Elections must give blind voters the opportunity to use an online voting system so they can vote absentee without assistance. Before U.S. District Court Judge Terrence Boyle’s ruling on June 15, the state’s absentee by mail program required blind voters to fill out paper ballots and return them by mail. That meant that people who are visually impaired and wanted to vote absentee weren’t able to vote in private. They needed someone to read the ballot and mark their choices…

Justice Department Reaches Agreement With North Carolina Dental Offices Over HIV Discrimination

June 21, 2021 | Source: ADA

On Thursday, The Justice Department announced that it reached an agreement with Night and Day Dental, Inc. to resolve a claim that Night and Day Dental discriminated against a woman with HIV in violation of the Americans with Disabilities Act (ADA). Night and Day Dental operates nine dental offices throughout North Carolina. This settlement is part of the department’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation to ensure that people with disabilities, including those who are deaf or hard of hearing, who have HIV, and who have mobility disabilities, have equal access to medical services…

Federal Courts Disagree Over Accessibility Online

June 16, 2021 | Source: The Regulatory Review

As the pandemic forced people online, a question circulating the U.S. court system gained increasing importance: Does federal law require websites to be accessible to people with disabilities? Earlier this spring, the U.S. Court of Appeals for the Eleventh Circuit answered this question in the negative, departing from another circuit court’s affirmative opinion in 2019. This resulting circuit “split” increases the chances that the U.S. Supreme Court will weigh in to settle the question nationwide…

Wheelchair users sue Baltimore over ‘widespread’ violations of federal accessibility requirements

June 12, 2021 | Source: Washington Examiner & Baltimore Sun

Three wheelchair users filed a class-action lawsuit against Baltimore, Maryland, alleging “widespread” violations of federal accessibility requirements by the city, such as failing to install and maintain curb ramps and sidewalks. “The issue is failure over time to bring sidewalks and curb ramps around Baltimore City into compliance with the Americans with Disability Act requirements,” said Rebecca Rodgers, a senior staff attorney for the New York-based Disability Rights Advocates group…

People With Mobility Disabilities File Class Action Lawsuit Against City of Baltimore

June 10, 2021 | Source: Disability Rights Advocates

Three wheelchair users and the IMAGE Center of Maryland have filed a class action lawsuit alleging widespread and ongoing violations of federal accessibility requirements by the City of Baltimore for its failure to properly install and maintain of curb ramps and sidewalks. These violations severely impact the ability of people with mobility disabilities to access sidewalks and curb ramps, making it difficult or impossible for them to fully and equally participate in civic life in Baltimore…

Justice Department Files Statement of Interest Regarding Hotel Bed Height for Guests with Disabilities

June 8, 2021 | Source: ADA.gov

Today, the Justice Department filed a Statement of Interest in a lawsuit in the Western District of Pennsylvania to clarify that where an alleged barrier—the height of a hotel bed—is not addressed by the ADA Standards, the ADA’s general nondiscrimination provisions still apply, including making reasonable modifications where necessary to provide goods and services to people with disabilities. The lawsuit, Migyanko v. Aimbridge Hospitality, LLC, alleges that the world’s largest third-party operator of hotels provides hotel beds that are too high for individuals who use wheelchairs or other mobility devices to transfer into them…

Justice Department Settles Disability Discrimination Claims Against 19 Building Owners

June 8, 2021 | Source: Department of Justice

The Justice Department today announced that it reached a single agreement with 19 building owners* who rent space in their buildings to stores and restaurants. The agreement requires the owners to fix their buildings so that people with mobility disabilities, like wheelchair users, can get in the door to shop or eat. Physical barriers, like steps at an entrance, can keep people with disabilities out and cause discrimination under the Americans with Disabilities Act (ADA)…

Blind Winn-Dixie Customer Further Appeals Website Access Ruling

June 7, 2021 | Source: Bloomberg Law

A blind Winn-Dixie customer who couldn’t refill a prescription using a computer wants the full Eleventh Circuit to throw out a decision that marked the first time a federal appeals court said websites aren’t covered by the Americans with Disabilities Act. Other federal circuit and district courts have taken a more expansive view of whether and when the 1990 disability anti-bias law applies, saying “places of accommodation” goes beyond just the physical places specifically recounted in the federal law…

Justice Department Resolves ADA Complaint with Maine Department of Health and Human Services

June 4, 2021 | Source: US Department of Justice & ADA

The Justice Department today reached an agreement with the Maine Department of Health and Human Services (DHHS) to resolve alleged violations of the Americans with Disabilities Act (ADA). A young man with intellectual disabilities (ID) filed a complaint with the Justice Department alleging that Maine imposed restrictions that placed him at serious risk of having to move from his own home into a congregate setting in order to receive the services he needs. Congregate settings are multi-person homes or facilities where residents receive needed services…

May 2021

Justice Department Settles with Maine School District to Protect Educational Rights of Students with Disabilities and English Learners

May 27, 2021 | Source: Department of Justice

Today the Justice Department announced a settlement agreement with the Lewiston Public Schools to end the district’s systemic and discriminatory practice of excluding students from full-day school because of behavior related to their disabilities. The settlement also will require the district to provide equal educational opportunities to its English learner students. The department conducted its investigation under Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974 (EEOA) after receiving a complaint from Disability Rights Maine…

Attention Hotel Operators: Have You Been Served with an ADA Website Reservation System Lawsuit?

May 26, 2021 | Source: Godfrey & Kahn

As you gear up for the 2021 travel season, your website reservation system’s compliance with Title III of the Americans with Disabilities Act (ADA) is probably one of the last things on your mind. Unless, of course, you’ve been hit with one of the many ADA lawsuits that have recently befallen hotels around the U.S. Claims under Title III of the Americans with Disabilities Act (ADA) take many forms, but all stem from the same principle: places of public accommodation, like hotels, motels and other places of lodging, cannot discriminate against disabled individuals…

New York State Division of Human Rights announces settlements of accessibility complaints against Redbox, Coinstar, ecoATM

May 26, 2021 | Source: Niagara Frontier Publications

The New York State Division of Human Rights announced settlements of three disability discrimination complaints filed against kiosk companies Redbox Automated Retail LLC, Coinstar LLC, and ecoATM. The complaints, which were initially filed by the division’s initiated action unit, alleged that the companies’ kiosks were not accessible to individuals with visual impairments. As a result of the settlements, the companies have agreed to modify kiosks throughout New York state in order to ensure access for individuals with visual impairments. The companies will also pay civil fines to the state of New York totaling $85,000…

Lawsuit Claims Wine Retailer’s Website isn’t ADA Compliant

May 18, 2021 | Source: Wine Business & Wine-Searcher

A legally blind woman has filed a class-action lawsuit in New York against an online wine retailer for allegedly violating the Americans with Disabilities Act, according to federal court records. Michelle Tenzer-Fuchs of Nassau County, N.Y., alleges the site www.winechateau.com is not fully accessible to blind and visually-impaired customers, according to the complaint filed on May 5 in U.S. District Court for the Eastern District of New York. Tenzer-Fuchs said she uses screen-reading software to read content on her computer, according to the lawsuit…

New lawsuit challenges Rehoboth’s accessibility

May 7, 2021 | Source: Cape Gazette

A lawsuit has been filed against Rehoboth Beach claiming the civil rights of the plaintiffs have been violated because the city doesn’t provide them the accessible parking needed to have reasonable access to the shops and restaurants on Rehoboth Avenue. City commissioners have scheduled a special meeting for Monday, May 10, to conduct a strategy session on the issue. In a case filed April 12 in U.S. District Court, plaintiffs Brigitte Hancharick, Ilse Payne and Robert Payne claim the city does not provide sufficient accessible public street parking on Rehoboth Avenue and the blocks abutting it…

Justice Department Reaches Agreement with Two Community Colleges to Improve Access for Students with Disabilities

May 6, 2021 | Source: DOJ & ADA-CTC & ADA-TCC

The Justice Department announced today the signing of two agreements with community colleges to remove barriers experienced by students with disabilities, including veterans. The agreements, reached with Central Texas College of Killeen (CTC), located in Killeen, Texas, and Tidewater Community College (TCC), located in Virginia Beach, Virginia, are part of the department’s commitment to ensure that educational institutions comply with the Americans with Disabilities Act (ADA). Both colleges have high populations of servicemembers who have returned from active duty…

April 2021

Fifth Circuit to determine whether Fondren disability rights activist can bring suit against Hinds Co.

April 29, 2021 | Source: WLBT

It’s been nine years since Dr. Scott Crawford first notified Hinds County officials that the courthouse was out of ADA compliance. Yesterday, his case was presented before the U.S. Fifth Circuit Court of Appeals to determine whether he has standing to force the county to bring its courthouse up to standard. Crawford, a Fondren resident and disabilities rights activist, filed suit against the county in 2017, claiming it had done nothing to make its Pascagoula Street courthouse more accessible to individuals with disabilities. The case was filed in U.S. District Court for the Southern District of Mississippi…

EEOC Sues Walmart for Disability Discrimination

April 29, 2021 | Source: EEOC

Walmart violated federal law by failing to provide an American Sign Language (ASL) interpreter for an applicant and failing to hire the qualified applicant because he is deaf, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday. According to Julianne Bowman, the EEOC’s district director in Chicago, the EEOC’s pre-suit administrative investigation revealed that after the applicant applied for a position at Walmart Store #2728 in Decatur, Ill., through Walmart’s website, he was contacted by Walmart for an interview…

Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

April 28, 2021 | Source: Seyfarth Shaw- Kristina M. Launey & Minh N. Vu

The numbers are in for total website accessibility lawsuit filings in federal courts in 2020, and to our surprise they show a significant increase from 2019. The total number of lawsuits filed in federal courts alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them, in 2020 was 2,523–almost 300 more than in 2019. While certainly not akin to the explosive 177% increase in these suits from 2017 to 2018, it is a meaningful increase over the relatively level 2018 and 2019 filing counts…

Pennsylvania Court Certifies Nationwide Class in Accessibility Case Against Public Accommodations

April 28, 2021 | Source: Jackson Lewis

A federal district court judge has certified a nationwide class of people with mobility disabilities who allegedly had difficulty getting around the defendant’s stores due to aisle obstructions in violation of Title III of the Americans with Disabilities Act. The class involves all or most of the defendant’s 350 retail stores nationwide. Allen v. Ollie’s Bargain Outlet, Inc., No. 2:19-cv-281 (W.D. Pa. Mar. 26, 2021). The lawsuit asserted that Ollie’s Bargain Outlet, Inc. stores contain barriers — some fixed, some movable, such as merchandise displays — that result in inaccessible interior paths of travel or routes…

Winn-Dixie decision finds websites are not places of public accommodation under ADA

April 27, 2021 | Source: Eversheds Sutherland & ZwillGen & Brownstein Hyatt & Roetzel & Cozen O’Connor & Ballard Spahr& Neal, Gerber & Eisenberg

In a decision that creates new hurdles for website accessibility lawsuits under the Americans with Disabilities Act (ADA), on April 7, 2021, the US Court of Appeals for the Eleventh Circuit ruled that websites do not constitute places of public accommodation under Title III of the ADA. Moreover, to violate Title III an inaccessible website must create an “intangible barrier” to a disabled individual’s actual ability to access and enjoy equally the goods and services of a physical place of public accommodation…

Justice Department Finds that Alameda County, California, Violates the Americans with Disabilities Act and the U.S. Constitution

April 22, 2021 | Source: Department of Justice

The Justice Department concluded today, based upon a thorough investigation, that there is reasonable cause to believe that Alameda County is violating the Americans with Disabilities Act (ADA) in its provision of mental health services, and that conditions and practices at the county’s Santa Rita Jail violate the U.S. Constitution and the ADA. The department’s investigation found that the county fails to provide services to qualified individuals with mental health disabilities in the most integrated setting appropriate to their needs…

Appeals Court Finds Grocer’s Website Did Not Violate Americans with Disabilities Act

April 20, 2021 | Source: Duane Morris & Kelley Drye & McGuireWoods & Parker Poe & Crowell & Moring & Law.com & Hunton Andrews Kurth & Bradley & McAfee & Taft

Over two years after hearing oral arguments, the Eleventh Circuit Court of Appeals finally issued an opinion in Gil v. Winn-Dixie, Case No. 17-13467, overturning the Florida federal district court’s finding that the grocery store chain violated Title III of the Americans with Disabilities Act (ADA) by having an inaccessible website. In the 67-page decision, the Court of Appeals held that “websites are not places of public accommodation” under the ADA and that the Winn-Dixie website was not an “intangible barrier” to goods, services, privileges and advantages of Winn-Dixie’s physical stores…

Two Southern Illinois Amtrack Stations Part of $2.25 Million Justice Department Settlement

April 13, 2021 | Source: Department of Justice & Effingham’s News Leader

Patrons of two Amtrak stations in the Southern District of Illinois may be eligible for compensation as part of a recent Justice Department settlement. On January 29, federal authorities announced that a $2.25 million fund had been established to compensate travelers with a mobility disability who were harmed physically or emotionally because of accessibility issues at 78 Amtrak stations nationwide between 2013 and 2020. Included in the settlement were Amtrak stations in Centralia and Effingham, Illinois…

Court rules grocery store’s inaccessible website isn’t an ADA violation

April 10, 2021 | Source: Ars Technica & Goodwin & ABA Banking Journal & Ogletree Deakins & Bryan Cave & Rumberger | Kirk & K&L Gates & Fisher Phillips & William D. Goren & Locke Lord & BakerHostetler & Cincinnati & Quarles & Brady & Littler & Lainey Feingold

A federal appeals court struck a significant blow against disability rights this week when it ruled that a Florida grocery store’s inaccessible website did not violate the Americans with Disabilities Act. The ruling contradicts a 2019 decision by a different appeals court holding that Domino’s did violate the ADA when it failed to make its app accessible to blind people. The disagreement between courts creates uncertainty about the rules that will govern online accessibility in the future. Winn-Dixie is a grocery store chain with locations across the American South…

Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual Disabilities

April 9, 2021 | Source: ADA

DOJ lights a fire under Chicago officials to speed up accessible pedestrian signal installation

April 9, 2021 | Source: Streetsblog Chicago & WTTW

The Justice Department moved to intervene in a disability discrimination lawsuit that private plaintiffs with visual disabilities brought against the City of Chicago under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s proposed complaint alleges that the city fails to provide people who are blind, have low vision, or are deaf-blind with equal access to pedestrian signal information at intersections. Pedestrian signal information, such as a flashing “Walk/Don’t Walk” signal, indicates when it is safe to cross the street…

Accused of discrimination in lawsuit, town to improve accessibility at Old Greenwich School

April 9, 2021 | Source: The Wilton Bulletin

A federal complaint filed with the Office of Civil Rights alleging possible discrimination as a result of problems of inaccessibility at Old Greenwich School has been resolved by the Board of Education. An investigation into the complaint was launched Dec. 15 by the OCR, an office of the U.S. Department of Education, and was settled by the school board at its meeting Thursday night…

Websites Not Bound by ADA Accessibility Rules, 11th Circuit Finds

April 7, 2021 | Source: Courthouse News Service

In a decision that a dissenting judge warned could have widespread consequences for visually impaired people, a split panel of the 11th Circuit ruled Wednesday that websites for businesses that are generally open to the public are not places of public accommodation under the Americans With Disabilities Act.

The ruling vacates a federal judge’s decision that the Winn-Dixie supermarket chain’s website violated the Americans With Disabilities Act by being inaccessible to visually impaired people who use screen-reader software.

United State Eleventh Circuit Appeals Court Publishes Opinion in Juan Carlos Gil v. Winn-Dixie Stores, Inc.

April 7, 2021 | Source: Eleventh Circuit Unites States Court of Appeals

From majority opinion:

“Absent congressional action that broadens the definition of “places of public accommodation” to include websites, we cannot extend ADA liability to the facts presented to us here, where there is no barrier to the access demanded by the statute. We therefore vacate the district court’s Final Judgment and remand for further proceedings consistent with this opinion.” – Hon. Elizabeth Branch, on behalf of the majority

From dissent:

“I fear the majority opinion’s errors will have widespread consequences. Places of public accommodation, such as stores and restaurants, increasingly use websites and apps to offer their customers safer, more efficient, and more flexible access to goods and services in physical stores. As I read it, the majority opinion…gives stores and restaurants license to provide websites and apps that are inaccessible to visually-impaired customers so long as those customers can access an inferior version of these public accommodations’ offerings. That result cannot be squared with the ADA. Respectfully, I dissent.” – Hon. Jill A. Pryor

March 2021

Court Denies Uber’s Motion to Dismiss ADA Discrimination Complaint

March 16, 2021 | Source: LawStreet Media & Case- PDF

On Monday, Judge Ketanji Brown Jackson of the District of Columbia District Court issued an opinion denying Uber Technologies Inc.’s motion to dismiss a discrimination lawsuit brought under the Americans with Disabilities Act (ADA) and the District of Columbia Human Rights Act (DCHRA). According to the opinion, “plaintiff Equal Rights Center (‘ERC’) allege(d) that defendant Uber – a company that maintains a ride-sharing application that connects users to drivers – systemically discriminates against those disabled individuals in the District of Columbia who use non-foldable wheelchairs…

‘Screen access technology has existed for decades’: Visually impaired man sues Dell over ‘inaccessible’ website

March 5, 2021 | Source: The Register

A legally blind man who cannot see “faces or text” has claimed that Dell is violating federal accessibility laws by maintaining an improperly formatted website and online store. The lawsuit [PDF], filed on Wednesday this week in a Massachusetts federal court, alleged that it is harder for visually impaired people to interact with Dell’s platforms than it is for sighted users, thus violating the effective communication and equal access requirements of the Americans with Disabilities Act (ADA)…

Practice website accessibility: A new wave of AwDA litigation

March 4, 2021 | Source: California Dental Association

Even the most skilled and seasoned dentists face professional liability claims. But how would you feel if a lawsuit were filed by someone who wasn’t a patient — or who hadn’t even driven past your office doors? There’s a rising wave of litigation based on violations of the Americans with Disability Act (AwDA). In addition to “drive by” lawsuits grounded in physical barriers to access, “click by” lawsuits are being filed in increasing numbers. Plaintiffs target office websites that are not accessible to those with hearing, vision or learning impairments…

February 2021

Looking Ahead to Potential Developments in Online Accessibility Law

February 23, 2021 | Source: The National Law Review

Title III of the Americans with Disabilities Act of 1990 (“Title III”) prohibits discrimination on the basis of disability in public accommodations, requiring that individuals with a disability be offered the “full and equal enjoyment . . . of any place of public accommodation.” 42 U.S.C. § 12182(a). As we previously discussed, the 30-year-old statute does not directly address whether “places of public accommodation” include websites, mobile applications, and other emerging web-based applications and technologies and, therefore, does not provide a standard for ensuring accessibility for web-based accommodations…

Lawsuit Against MTA Over Accessibility Attains Class-Action Status With More Than 500,000 Plaintiffs

February 25, 2021 | Source: Gothamist

A State Supreme Court Judge ruled this week that a lawsuit filed against the MTA on behalf of a coalition of accessibility rights advocates does, in fact, represent a class of more than 500,000 people who claim they’ve been excluded from the subway system because of a lack of accessibility. The 2017 lawsuit claims that because only 20% of the subway system has elevators, the MTA is in violation of the Americans with Disability Act and the New York City Human Rights Law…

Robinhood Sued in Class Action, Alleging Website Inaccessibility and Discrimination Against Blind Users

February 5, 2021 | Source: Fredrikson & Byron

Robinhood Markets, Inc., owner of the now infamous Robinhood stock-trading app, has been sued in a federal class action lawsuit for alleged disability discrimination. Sanchez v. Robinhood Markets, Inc., F.D.N.Y., Case #1:21-cv-00939. Plaintiff Christian Sanchez alleges the website is not equally accessible to blind and visually-impaired individuals in violation of the Americans with Disabilities Act (ADA) and the New York Human Rights Law…

Funimation Faces Class-Action Lawsuit for Allegedly Violating Americans with Disabilities Act

February 8, 2021 | Source: Anime News Network

Jenisa Angeles, a legally blind person, filed a class-action lawsuit against Funimation Global Group, LLC on January 13 on behalf of herself “and all others similarly situated” alleging that Funimation’s website violates the Americans with Disabilities Act. The lawsuit was filed in the District Court of the Southern District of New York. The lawsuit claims that Funimation has failed “to design, construct, maintain, and operate its website to be fully accessible to and independently usable by [Angeles] and other blind or visually-impaired people,” which it claims is a violation of her rights under the Americans with Disabilities Act (ADA)…

EEOC Sues Saint Clare’s Health for Disability Discrimination

February 8, 2021 | Source: EEOC

Saint Clare’s Health, a division of Prime Healthcare Services that operates two hospitals in Morris County, N.J., violated federal law when it refused to accommodate a new employee’s sudden disability by delaying her start date, and withdrew her job offer instead, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today…

January 2021

$2.25 Million Fund Available in Justice Department Settlement with Amtrak

January 29, 2021 | Source: Department of Justice & ADA & FOX 44 & Denver Post & CT Examiner

Today, Amtrak began accepting claims for monetary compensation for people with mobility disabilities who traveled or wanted to travel from or to one of the 78 stations listed below and encountered accessibility issues at the stations. Claims must be submitted by May 29, 2021. On Dec. 2, 2020, the Department of Justice and Amtrak, the National Railroad Passenger Corporation, entered into an agreement to resolve the department’s findings of disability discrimination in violation of the Americans with Disabilities Act (ADA)Website ADA Lawsuit Filed Against Golden State Warriors

January 27, 2021 | Source: Klein Moynihan Turco

The Golden State Warriors (the “Warriors”) are the latest high-profile company to have a website-related American with Disabilities Act (“ADA”) lawsuit filed against them. On January 21, 2021, a class action complaint was filed in the United States District Court for the Northern District of California, alleging that the Warriors website, https://shop.warriors.com/, violates the ADA and California’s Unruh Civil Rights Act (“UCRA”) because it is not fully accessible to blind and visually impaired consumers…

DOJ Enters into Agreement with City and County of Denver, Colorado, to Ensure that Public Facilities are Accessible to People with Disabilities

January 8, 2021 | Source: ADA

The Justice Department entered into a settlement agreement with the City and County of Denver, Colorado, under Title II of the Americans with Disabilities Act (ADA) to satisfy Denver’s obligation under an existing 2018 settlement agreement to have an Independent Licensed Architect (ILA) survey facilities that the United States did not survey as part of its initial investigation and to enter into a supplemental settlement agreement with the United States to remedy alleged ADA violations identified by the United States…

Justice Department Reaches Agreement With The Board Of Election Commissioners For The City Of St. Louis To Ensure Polling Place Accessibility For Voters With Disabilities

January 12, 2021 | Source: DOJ & ADA

The Department of Justice today reached a settlement under Title II of the Americans with Disabilities Act (ADA) with the Board of Election Commissioners for the City of St. Louis, to ensure that St. Louis polling places are accessible during elections to individuals with mobility and vision impairments. The Department reviewed the St. Louis Board’s voting program for compliance with the ADA. The Department identified architectural barriers at St. Louis polling places, including inaccessible parking, ramps that were too steep, stairs at the only entrance or route to the voting area, and doorways with thresholds that were too high…

AITN Legal Edition: 2020 Archives

Quick Links: 2022 | 2021 | 2019 | 2018

December 2020

Conair Website For CuisinArt Is Sued For Excluding Visual Impaired Settlement Mulled

December 9, 2020 | Source: Inner City Press & Case

Josue Paguada sued Conair Corporation for the alleged lack of accessibility to the blind of the cuisinart.com website. On December 9 U.S. District Court for the Southern District of New York Judge Sidney H. Stein held a proceeding. Inner City Press covered it. Only the day before in another website case, Judge Stein has expressed skepticism about the plaintiff’s lawyers due diligence. But here, the parties said they are near settling the case. Judge Stein set another date of January 14, and said he was expecting and would be pleased to receiving notice of settlement / dismissal by then…

WWE Settles Legal Dispute on Accessibility for Blind & Visually Impaired for Online Shop

December 8, 2020 | Source: 411mania & Heel By Nature & Wrestling

According to a report by Heel By Nature.com, WWE has settled a lawsuit out of course with a man claiming he was denied equal access to WWEShop.com. The lawsuit was filed by Josue Romero on October 16 in the United States District Court Southern District Of New York. News of the settlement surfaced after Romero’s counsel released a settlement notice on December 7, which advised the court to dismiss the case. WWE reportedly settled the lawsuit for an undisclosed amount of money…

Thirty Years Later, Still Fighting Over the ADA

December 7, 2020 | Source: The Regulatory Review

A federal judge for the Southern District of New York recently ruled that the city of New York violated the Americans with Disabilities Act (ADA) by failing to install audible devices at crosswalks. These devices tell blind and visually impaired people when it is safe to cross the streets, but the city had installed them in only 3.4 percent of intersections. The federal district court concluded that the city’s conduct amounted to an illegal denial of services and benefits by a public entity in violation of Title II of the ADA. The decision comes 30 years after the U.S. Congress enacted the ADA…

Blind Hoosiers File Lawsuit Against the Indiana Election Commission and the Secretary of State

December 3, 2020 | Source: Disability Rights Advocates

The ability to vote privately and independently is a fundamental right and an essential component of democracy in the United States. However, in Indiana, these rights are not guaranteed to all voters. In fact, Indiana has one of the most restrictive absentee voting systems in the country for blind voters because it only permits them to vote at home by appointment with a “traveling board” of elections officials. Hoosier voters who are blind or have low vision could easily vote privately and independently at home using electronic tools. Instead, they are being forced to choose between giving up their right to vote privately and independently, risk exposing themselves to COVID-19 at the polls, or not voting at all…

Justice Department Settles with Amtrak to Resolve Disability Discrimination Across its Intercity Rail System

December 2, 2020 | Source: DOJ & ADA Agreement & ADA Complaint & Washington Post

The Justice Department today announced that it reached an agreement with Amtrak, the National Railroad Passenger Corporation, to resolve the department’s findings of disability discrimination in violation of the Americans with Disabilities Act (ADA). Under the agreement Amtrak will fix inaccessible stations and pay $2.25 million to victims hurt by its inaccessible stations. The accompanying complaint filed by the department alleges that Amtrak has violated and continues to violate the ADA by failing to make existing stations in its intercity rail transportation system readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. The ADA gave Amtrak 20 years from the law’s 1990 enactment to make its stations accessible, requiring Amtrak to comply by July 26, 2010…

New DOT rule paves the way for airlines to ban emotional support animals on flights

December 2, 2020 | Source: USA Today & CNN & WAAY & WXII & Service Animal Final Rule- DOT

The Department of Transportation announced Wednesday it will revise rules around flying with emotional support animals and will no longer consider them to be service animals, which are required by law to be allowed to fly with passengers on commercial airlines. The revised Air Carrier Access Act rules define a service animal as “a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability,” according to a release from the U.S. DOT. The DOT notes it no longer considers an emotional support animal to be a service animal, paving the way for airlines to ban them if they don’t fit established rules about pets…

Blind Patient Receives Settlement from Nash Hospitals, Inc.

December 2, 2020 | Source: Disability Rights North Carolina & Becker’s Hospital Review

Nash Hospitals, Inc. will pay $150,000 in damages and attorneys’ fees to settle legal claims by a blind Rocky Mount, NC man whom Nash General Hospital refused to provide written materials in Braille. The National Federation of the Blind, America’s civil rights organization of the blind, and Disability Rights North Carolina also agreed to not pursue further litigation against Nash Hospitals, Inc. for its past failures to provide written materials in formats accessible to the blind…

Education Department Starts Addressing Discrimination Cases Related To COVID-19

December 1, 2020 | Source: HuffPost

After spending months failing to make meaningful progress on complaints of coronavirus-related discrimination in schools, the Education Department has started opening investigations into some of these allegations, HuffPost has learned, even though the department denies it has changed gears. In November, HuffPost first reported that attorneys in the department’s Office for Civil Rights said they had not been able to move forward on these complaints. But at that time, a spokesperson for the Department of Education denied it had failed to make progress on the investigations…

November 2020

Does the Gimlet Media Lawsuit Present a New Angle to Digital Accessibility?

November 24, 2020 | Source: IMC Grupo

Web accessibility lawsuits have been growing in numbers since 2018. In the past two years, we have seen quite a few large business houses being dragged to court because their online presence denied accessibility to people with disabilities. One of the recent lawsuits filed in July 2020 was against a leading digital media company called Gimlet Media. The lawsuit came into the limelight since it attracted a lot of attention from within and outside the disability communities. The media company based in New York is owned by the streaming giant Spotify and attracts millions of downloads every month…

Smart Home Automation Technology Company Sued for Website ADA Violations

November 24, 2020 | Source: Law Street Media

On Monday in the Southern District of New York, the plaintiff, a visually impaired and legally blind individual, filed a class-action complaint against Brilliant Home Technology, a smart home automation company, for allegedly violating the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL) for its website, which the plaintiff and putative class were unable to fully access with their screen-reading software. The complaint stated that “Congress enacted the ADA as a way of banning discrimination based on a disability…

Lyft Again Defeats Class Status in Wheelchair Accessibility Suit

November 20, 2020 | Source: Bloomberg Law

Plaintiffs suing Lyft Inc. over an alleged lack of wheelchair accessible vehicles have been denied class status a second time, after the U.S. District Court for the Northern District of California concluded they failed to establish, among other things, that the class would be sufficiently numerous under Rule 23. When the court eventually decides the case, “only the named plaintiffs will be bound by the outcome,” which is a risk that Lyft told the court it was willing to take, according to Judge William Alsup’s Thursday order. Plaintiffs attempted to craft a class definition that would avoid implicating a class…

DOJ Reaches Landmark Agreement with Massachusetts Department of Children and Family to Address Discrimination Against Parents with Disabilities

November 19, 2020 | Source: DOJ & ADA

The Departments of Justice and Health and Human Services (HHS) announced today that they reached a landmark agreement with the Massachusetts Department of Children and Families (DCF). The agreement resolves findings by the Justice Department and HHS that DCF discriminated against parents with disabilities in the administration of its child welfare program in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. This is the first Department of Justice settlement to address disability discrimination by a state child welfare agency…

North Texas Businesses Struggling To Survive Pandemic Face Lawsuits By Out-Of-State Lawyer

November 18, 2020 | Source: CBSDFW.COM

The coronavirus has ravaged the restaurant industry. Now many small businesses struggling to survive the pandemic are also fighting an unexpected legal battle from a Florida attorney. Douglas Schapiro says he’s on a crusade for people with disabilities. He lives in the Boca Raton area but has spent years suing Texas businesses for violating the Americans with Disabilities Act. “I love making our country more accessible for the disabled population,” he told CBS 11 News. Under Title III of the federal law, people with disabilities can sue a business if it presents a physical barrier. It could be a lack of handicap parking spaces, handrails or ramps. But the issues could also be much smaller, like chipped paint on a curb or a bathroom mirror hung an inch too high…

How Will DOJ Enforce Title III of the ADA in a Biden Administration?

November 17, 2020 | Source: Seyfarth Shaw

A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues. While the current administration may still be unwilling to concede the election, it appears there will indeed be a new administration in charge at the Department of Justice (DOJ) come January 20, 2021. How will the Biden Administration approach Title III of the ADA and its enforcement? We think there will be much higher engagement – and likely more aggressive enforcement – on multiple fronts…

Justice Department Enters Agreement to Resolve Employment Discrimination Lawsuit

November 16, 2020 | Source: DOJ & ADA

The Justice Department today announced that it reached an agreement with the Commissioner of the Revenue for Caroline County, Virginia, in his official capacity (the “Commissioner”) to resolve the department’s lawsuit alleging disability discrimination in violation of Title I of the Americans with Disabilities Act (ADA). The department’s complaint alleges that a former Caroline County Commissioner of the Revenue terminated an employee with a respiratory impairment on the basis of her disability, after almost 24 years of service…

Paralyzed man sues travel company over Cancun vacation

November 12, 2020 | Source: The Salem News

Thomas Muxie is a paraplegic who has been using a wheelchair since suffering a spinal cord injury in 1986. So when the Peabody resident booked a vacation to a Cancun beachfront resort in 2017, he sought assurances from the travel company that his accommodations would be handicapped-accessible. Muxie said a company sales representative repeatedly told him that would be the case. But according to a lawsuit filed in Peabody District Court, when Muxie arrived at the resort in Mexico, he discovered that it did not have a toilet that he could access in his wheelchair…

Builders, Architects, Owners of 5 NC Housing Complexes Settle Discrimination Cases; Agree to Make $1.3 million in Accessibility Modifications

November 10, 2020 | Source: Fair Housing Project

Legal Aid of North Carolina (LANC) announced today that it has settled housing discrimination complaints against the architects, builders, and owners of five apartment complexes located in the Triad area of North Carolina. The five complaints, which our Fair Housing Project filed with the U.S. Department of Housing and Urban Development (HUD), alleged that the respondents failed to design and construct the complexes to make them accessible to persons with disabilities in compliance with the federal Fair Housing Act (FHA)…

United States Files Statement Of Interest In San Juan Sidewalk Accessibility Case

November 9, 2020 | Source: DOJ-ADA.gov

On November 9, 2020, the United States filed a Statement of Interest in the case of Betancourt-Colon v. City of San Juan, 19-cv-1837 (D.P.R.). In Betancourt-Colon, four individuals with mobility disabilities allege that San Juan has failed to install and maintain curb ramps necessary to ensure its sidewalks are accessible. The Statement of Interest asserts the long-held position of the United States that a public entity’s provision and maintenance of public sidewalks is a covered “service” under Title II of the ADA…

LEGAL BEAT: Can an IEP plan help your child?

November 8, 2020 | Source: Spotlight News

Children with disabilities can face more challenges than others, particularly during this school year. The federal Individuals with Disabilities Education Act guarantees all children with disabilities the right to a free and appropriate public education (FAPE). It covers children from birth through age 21 or completion of high school. FAPE requires that the child advance at an appropriate rate considering his or her circumstances. Students may receive special education and related services to ensure this. An Individualized Education Plan, or IEP, documents these services, the child’s needs and the goals for the year…

Furthering the Promise: Equal Access to Childcare- United States V. Nobel Learning Communities, Inc.

November 2, 2020 | Source: U.S. Department of Justice

Despite being thirty years after the enactment of the ADA, many children with disabilities and their families continue to face discrimination in child-care programs. This discrimination includes outright intentional exclusion, architectural and communication barriers, failure to make modifications to existing practices, and exclusionary qualification standards and criteria. The Justice Department’s Civil Rights Division and U.S. Attorney’s Offices are committed to ensuring that children with disabilities and their families enjoy equal access to child-care programs, free from all forms of disability discrimination…

October 2020

Microsoft’s Xbox Website Allegedly Violates ADA

October 30, 2020 | Source: Law Street Media

On Thursday in the Southern District of New York, Microsoft was sued in a putative class-action complaint by the plaintiff, “a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer,” who alleged that Microsoft failed to have an accessible website for its Xbox under the Americans with Disabilities Act (ADA). Specifically, the plaintiff brought this suit for Microsoft’s purported “failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people.”…

10th Circuit says no adverse action required to prove ADA accommodation claims

October 28, 2020 | Source: Reuters

A deeply divided U.S. appeals court on Wednesday became the latest to rule that plaintiffs do not have to show that they were fired or otherwise suffered an adverse employment action to prevail on claims that an employer failed to accommodate a disability. The en banc 10th U.S. Circuit Court of Appeals in a 7-6 decision, which revived a lawsuit by a former health inspector for Weld County, Colorado, said the Americans with Disabilities Act imposes an affirmative, “unvarnished” duty on employers to make reasonable accommodations for workers with disabilities…

Relief at Last? Proposed ‘Online Accessibility Act’ Gives Retailers Hope on ADA Cases

October 26, 2020 | Source: Steptoe & Built In & G3ict & Forbes & Frankfurt Kurnit

The Americans with Disabilities Act (ADA) has long been the enforcement mechanism to ensure that citizens with disabilities obtain equal treatment and access by businesses. As with many well-intentioned laws, however, the ADA has most frequently been used in recent years by a niche plaintiffs’ bar targeting businesses – primarily retailers – based on claims that retailers’ websites are not accessible to low-vision or otherwise disabled consumers…

NYC intersections violate ADA by lacking enough audible signals for the blind, judge rules

October 20, 2020 | Source: New York Daily News & AP

Blind people need better traffic signals to help them safely cross New York City intersections, a Manhattan federal judge ruled Tuesday. The city’s lack of proper signals for blind and sight-impaired people violates the Americans with Disabilities Act, Manhattan Federal Judge Paul Engelmayer said. In particular, Engelmayer ruled the city had failed to equip traffic signals with accessible pedestrian signals — APS for short — which include alarms or other audible alerts…

Colorado restaurants face ADA lawsuits over websites; ‘right to cure’ period in disability law urged

October 19, 2020 | Source: Complete Colorado

The Colorado Restaurant Association (CRA) issued a warning in their October 5 member newsletter that a blind resident of Douglas County has been filing lawsuits against Colorado businesses, including restaurants, because their websites do not comply with the Americans with Disabilities Act (ADA). Title III of the ADA, written in 1990, before the internet existed as it does today, prohibits discrimination against persons with disabilities in providing services and goods in places of public accommodation. Courts have ruled that websites fit the definition of places of public accommodation…

Congressmen aim to help retailers avoid ADA website lawsuits

October 15, 2020 | Source: Home Furnishings Association& GRA & Blank Rome & Klein Moynihan

A bipartisan bill in Congress addresses a problem that has cost many Home Furnishings Association members thousands of dollars. It’s called the Online Accessibility Act. If it becomes law, it would bar plaintiffs from filing legal actions before businesses had time to fix website deficiencies and government agencies could seek administrative remedies. Consumer-facing business websites and other online platforms must comply with the Americans with Disabilities Act…

Local Culinary Businesses Hit with ADA-Compliance Lawsuits

October 15, 2020 | Source: 5280

In early August, James Blanchard, co-owner of Blanchard Family Wines, answered a knock at his door. On the other side was something very unexpected: a lawsuit. The complaint was that the winery’s website violated the Americans with Disabilities Act (ADA), which extends to a business’ website. Blanchard was shocked. He’d hired a large corporation to create his company’s website and hadn’t received any prior complaints—not from customers, and not directly from the plaintiff, David Katt, a legally blind Douglas County man who alleges that Blanchard’s website cannot be fully read by his screen-reading software…

Woman files ADA lawsuits across US as ‘tester’ of compliance

October 10, 2020 | Source: Washington Post

A disabled Florida woman paid a virtual visit to Maine and left a trail of lawsuits in her wake. Six to be exact. Deborah Laufer is described in the federal lawsuits as a “tester” for the purpose of asserting her civil rights and ensuring that places of public accommodation comply with the Americans With Disabilities Act. Her six lawsuits in Maine are among hundreds she has filed in more than a dozen states. Her lawsuits contend lodging establishments and their online booking services failed to identify accessible rooms, provide an option for booking an accessible room, and provide sufficient information about accessible features…

Lawsuit Filed Against WWE For Violation Of Americans With Disabilities Act

October 7, 2020 | Source: Heel By Nature & Wrestling Inc

WWE has been served a lawsuit for allegedly denying equal access to its WWEShop website. Josue Romero, filed a lawsuit against WWE with the United States District Court Southern District Of New York On 10/6. According to the filing, “Romero is a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer”. Romero’s lawsuit alleges shop.wwe.com “is not equally accessible to blind and visually-impaired consumers”. The suit states this violates the ADA(Americans With Disabilities Act)…

Business owners in Denver hit with unexpected ADA lawsuits from out-of-state firm

October 6, 2020 | Source: The Denver Channel & CBS Denver

When James Blanchard designed his winery and taproom in Denver’s Dairy Block two years ago, compliance was front of mind. “Making sure your entry doorways are wide enough, your table spacing is wide enough, I have clear pathways to the restroom,” said Blanchard, who owns Blanchard Family Wines with his brother. “We 100% want to be accessible, we want to be compliant, we want to be inclusive for all.” So it came as a surprise when he was summoned to court this year…

Reps. Correa and Budd introduce bipartisan legislation to create ADA business website compliance standards

October 3, 2020 | Source: Orange County Breeze & Chain Store Age

News Alert: Online Accessibility Act Introduced In Congress

October 3, 2020 | Source: Converge Accessibility & Ted Budd & Bill-PDF & Furniture Today & Chain Store Age

Online Accessibility Act: Review And Legal Analysis

October 4, 2020 | Source: Converge Accessibility & William D. Goren & LF Legal

On Friday, October 2, Congressmen Lou Correa (D-CA) and Ted Budd (R-NC) introduced the bipartisan Online Accessibility Act, which creates guidance to help businesses ensure their website is compliant with the Americans with Disabilities Act (ADA). This bill will increase website accessibility and reduce predatory lawsuits filed against businesses.Rep. Lou Correa said, “A predictable regulatory environment is critical for small businesses. Unfortunately, when it comes to website compliance, these regulations aren’t clearly defined…

Out-of-state law firm blitzes companies in Colorado with “drive-by” ADA lawsuits

October 2, 2020 | Source: The Denver Post

James Blanchard had just reopened his Denver winery this summer after being shut down for months because of COVID-19 when he got hit with a different kind of challenge — a surprise lawsuit alleging the website for his family business violated the Americans with Disabilities Act. The lawsuit said David Katt, a resident of Douglas County who is blind, couldn’t use the downtown winery’s website because it was not compatible with screen-reading programs that allow people who are visually impaired to navigate online…

OSU Study Says Universities Not Living Up to ADA

October 2, 2020 | Source: The Corvallis Advocate & Inside Higher Ed & Journal of Kinesiology and Wellness

The Americans with Disabilities Act was passed by Congress in 1990 and signed into law by President George H.W. Bush. It was recognized at the time as the biggest piece of civil rights legislation since the Civil Rights Act of 1965. While it was thought that becoming “ADA-compliant” would take years and billions of dollars, probably few would have expected that it would take public universities as long as it has to get their recreational facilities in full compliance…

Your Out of State Website May Now Be Subject to California Accessibility Requirements

October 2, 2020 | Source: Newmeyer & Dillion

California’s laws regarding website accessibility pose numerous potential risks for companies, with penalties per violation of up to $7,500 under the California Consumer Privacy Act (“CCPA”) and $4,000 under the Unruh Civil Rights Act (“Unruh Act”). Recently, an appellate court in the Fourth District further clarified the exact reach of California’s jurisdiction to almost any website that sells to California residents, even if such activity is not explicitly directed…

September 2020

Pointing to Pandemic-Fueled ‘Surge,’ Research Company Says 70% of ADA Website-Accessibility Lawsuits Now Filed in NY

September 29, 2020 | Source: Law.com

Filings in New York’s federal courts now represent more than 70% of all federally brought American with Disabilities Act website-accessibility lawsuits, as the coronavirus pandemic has driven people to increasingly rely on digital services and “sparked a surge in the suits” in New York, according to information released by UsableNet Inc., a company that tracks “all digital related” ADA lawsuits nationwide…

Supreme Court Nominee Wrote Opinion in Credit Union ADA Lawsuit

September 28, 2020 | Source: Credit Union Times

Amy Coney Barrett, President Trump’s nominee for Supreme Court justice, authored an opinion that threw out an Americans With Disabilities Act lawsuit filed by a blind man against an Illinois credit union. Trump, on Saturday, nominated Barrett to replace the late Justice Ruth Bader Ginsburg. Barrett is a judge for the Circuit Court of Appeals for the 7th Circuit. During the past few years, credit unions and other businesses have faced lawsuits filed by defendants contending that their websites are inaccessible to them and thus, are in violation of the ADA…

Exceeding Legal Compliance is What Real Accessibility is All About

September 25, 2020 | Source: ChartAttack

Thankfully, we live in a time where inclusion is becoming mainstream. The public now hears messaging about diversity and tolerance from corporate advertising, a sign of how deeply these values have penetrated society. This is overdue and welcome! Likewise, it’s encouraging that many jurisdictions now have laws about making websites and digital products accessible for people with disabilities. It suggests that these ideas have achieved critical mass. However, the accessibility standards that the law compels companies to meet should be the baseline standard, not the end goal in and of itself…

Millions of disabled voters could be sidelined in 12 battleground states because of their election websites, new report shows

September 24, 2020 | Source: Business Insider

Blind Voters Are Suing North Carolina and Texas, Arguing that Mail Ballots Are Discriminatory

September 24, 2020 | Source: Time

‘A Failed System’: What It’s Like to Vote With a Disability During a Pandemic

September 25, 2020 | Source: The New York Times

Voting Could Be More Difficult for People with Disabilities This Year

September 25, 2020 | Source: PR Web

Blind and disabled Iowans should not have to risk their lives to vote

September 27, 2020 | Source: Des Moines Register

Disability rights group targets East Texas elections websites

September 28, 2020 | Source: Longview News-Journal

Disability Rights Iowa partners with state secretary for poll accessibility

September 29, 2020 | Source: OurQuadCities

RI Board of Elections to make building accessibility changes

September 28, 2020 | Source: Times Union

Audit found 43 states’ mail-in ballot applications are not accessible for people with disabilities

September 30, 2020 | Source: The Hill & Time & Business Insider & TechCrunch

Accessible absentee ballot option for voters with print disabilities to launch Friday

October 1, 2020 | Source: News Center Maine

Digital vote-by-mail applications in most states are inaccessible to people with disabilities

October 1, 2020 | Source: Tech Crunch

A dozen state election websites are not accessible to millions of visually impaired voters, according to a report from a nonprofit released Thursday. Election websites for 12 battleground states (Colorado, Florida, Iowa, Michigan, Minnesota, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Virginia, and Wisconsin), according to a report compiled by Miami Lighthouse for the Blind, do not follow accessibility guidelines recommended by the World-Wide Consortium, which sets standards for accessibility on the world wide web…

RadioShack Sued for Alleged ADA Website Accessibility Violation

September 23, 2020 | Source: Law Street Media

On Monday, Windy Lucius filed an Americans with Disabilities Act (ADA) complaint against General Wireless Operations Inc., which does business as RadioShack. The plaintiff brought the case seeking, among other things, injunctive relief requiring RadioShack to make its commercial website usable for the visually impaired. According to the Southern District of Florida submission, the plaintiff qualifies as an individual with disabilities pursuant to the ADA. Because of her blindness, she is “unable to fully engage in and enjoy the major life activity of seeing,” the complaint explains…

Disabilities Commission files complaint with feds over access at Election Board’s new home

September 18, 2020 | Source: The Providence Journal

The public bathroom is handicapped-inaccessible. Simply put, in the language of the state architect who inspected the former Honeywell plant: “The restroom door is inadequate in width.” And that was only one of the 11 problems the Governor’s Commission on Disabilities raised with the Rhode Island Board of Elections before the board moved from a state-owned, rent-free building on Branch Avenue in Providence to suburban Cranston under a 10-year, $5.5 million no-bid lease…

Blind US voters sue over lack of accessible, mail-in ballots

September 15, 2020 | Source: Aljazeera

Kenneth Semien has not left his Texas home, nor had any visitors inside his house since March 14, the day after officials declared a state of disaster and national emergency due to the coronavirus pandemic. As a 59-year-old African American man, who is blind and has high blood pressure, Semien simply cannot take the risk. “My experience 18 years ago, being in a hospital for 89 days, really wants me to do whatever I can to stay out of a hospital,” he said, recalling the time a battle with meningitis left him completely blind in one eye and only able to see shapes in the other…

Disabled Grads Sue in Calif. Over Bar Exam, Claim Virus Risk

September 15, 2020 | Source: Bloomberg Law

Plans for disabled law school graduates to take the California bar exam in-person puts them at special risk of contracting Covid-19, according to a new lawsuit. As many as 11,000 people are scheduled to take the exam online Oct. 5-6, but a small group has been asked to travel to sit for it in-person to accommodate special needs. Three disabled test takers say being forced to risk exposure to coronavirus violates the Americans with Disabilities Act and a California civil rights law. They filed a lawsuit Monday against the State Bar of California and the National Conference of Bar Examiners…

Judge Orders White House to Include Sign Language in Covid Briefings

September 12, 2020 | Source: Courthouse News & PDF

The Trump administration may have violated federal law by not including American Sign Language interpretation in televised briefings on the coronavirus pandemic, a federal judge in Washington ruled Wednesday. U.S. District Judge James Boasberg granted temporary relief that will require the White House to include in-frame ASL interpretation, already adopted by the governors of all 50 states in their Covid-19 video broadcasts, pending final judgment in the case…

Disability rights group suing Texas counties, including 3 in East Texas, for alleged violations of federal election laws

September 9, 2020 | Source: East Texas Matters & PDF

A disability rights group has filed a federal lawsuit claiming that more than 80 Texas Counties, including several in East Texas, are violating federal election laws by not offering equal access to the ballot to people with disabilities. Disability Rights Texas filed a systemic class complaint with the U.S. Department of Justice on September 4. The suit claims that the voting websites on the counties named are failing to comply with federal laws because they do not offer equal access to people with disabilities…

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

September 2, 2020 | Source: Seyfarth Shaw

Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual. In the first six months of 2020, 4,759 ADA Title III lawsuits were filed in federal court, as compared to 5,592 of such suits filed in the first six months of 2019, for a decrease of 15 percent during this period. This downtick is largely due to the significantly fewer filings in April and May of 2020, when most of the country was shut down…

Virginia agrees to make mail-in voting accessible to blind voters who sued

September 1, 2020 | Source: Washington Post

For vision-impaired voters in Virginia, there was no easy way to vote. They would either have to risk their health to vote in person or forgo voter privacy by asking someone to fill in the blanks on their mail-in ballot forms. “You pretty much had to decide whether you wanted to vote independently or safely. You couldn’t do both things,” said Colleen Miller, director of the disAbility Law Center of Virginia. Now, however, after the center and several other groups advocating for the blind filed a federal lawsuit, the Virginia Department of Elections has agreed to offer a new option…

August 2020

Facing Court Challenge From Disability Rights Advocates, NH Expands Accessible Absentee Voting

August 31, 2020 | Source: New Hampshire Public Radio

With a week to go before the state primary election, New Hampshire is launching a new absentee voting system meant to allow more voters to cast a ballot privately and independently. Until now, New Hampshire did not allow those who are blind or experience other print disabilities to request or complete an absentee ballot without assistance. Accessible voting options are provided at all New Hampshire polling places, but many voters — with the encouragement of state election officials — will rely on absentee voting this fall due to the ongoing pandemic…

Justice Department Settles With Gates Chili Central School District To Ensure Equal Access For Students With Service Animals

August 20, 2020 | Source: DOJ & ADA

The Justice Department announced today that it reached an agreement with the Gates Chili Central School District in Rochester, New York, to resolve the department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act. The department’s complaint alleges that the School District denied a student with disabilities equal access to school by conditioning her use of a service dog on her parent providing a full-time dog handler, despite the student’s demonstrated ability to control and handle her service dog with minimal assistance and the service dog’s extensive training to serve and respond to the student and follow school routines…

Increasingly online, more universities are being sued by students with disabilities

August 19, 2020 | Source: EdScoop

With the majority of colleges moving online, several universities are now being sued for not making class materials, websites and services accessible to disabled students. After the COVID-19 pandemic forced colleges and universities to move online in March, many institutions are now working out the kinks to make their curriculum resources and university services accessible in the new remote-learning environment. But for disabled students, the challenges of digital accessibility have been exacerbated, despite laws that prohibit discrimination against disabled people…

Competing Evidence In Suit Over Bubba Gump Website Access Blocks Dismissal

August 17, 2020 | Source: Mealey’s Litigation Report: Cyber Tech & E-Commerce

Competing evidence regarding the accessibility of a restaurant chain’s website for users who are visually impaired bars dismissal prior to commencing discovery, a federal magistrate judge in California ruled Aug. 11, denying the chain’s motion to dismiss but ordering the plaintiff to file an amended complaint that includes allegations he made when opposing dismissal. Juan Alcazar is legally blind and filed a class complaint against Bubba Gump Shrimp Co. Restaurants Inc. and Landry’s Payroll Inc. in the U.S. District Court for the Northern District of California, alleging that the website for Bubba Gump restaurants has multiple barriers for users employing screen-reading software…

Marketing strategies for growth: ADA web compliance and ADA-related lawsuits

August 17, 2020 | Source: Boating Industry

In the United States, one in five people have a disability. And yet, only 10% of the internet is web accessible. The American Disabilities Act was developed in 1990 and declares that all places of public accommodation remove any access barriers that would inhibit a person with disabilities from accessing the business’s goods and services – including their websites. ADA website compliance consists of a set of guidelines websites should meet in order to be accessible to ALL…

Interactive Brokers gets accused of discriminating against the blind

August 14, 2020 | Source: Finance Feeds

Online trading and the ability to see are apparently intertwined. But what happens when a visually impaired person wants to make use of the services of an electronic trading company? With some brokerages, the situation is far from rosy, as indicated by a lawsuit launched by Marion Kiler against Interactive Brokers LLC. Kiler’s complaint, lodged at the New York Eastern District Court, alleges that Interactive Brokers has failed to design a website that makes it fully accessible to visually-impaired persons…

Lawsuit against NC: Absentee-by-mail ballots not accessible to 105000 voters

August 10, 2020 | Source: Carolina Public Press

Enhanced voting options available for voters

August 10, 2020 | Source: The Recorder

ACLU Sues Mississippi To Make Absentee Voting More Accessible During Pandemic

August 11, 2020 | Source: Forbes

Lag continues for federal voting system standards

August 13, 2020 | Source: FCW

North Carolina voters who are blind or have limited mobility will not be able to cast private, independent ballots from home this fall unless the state makes changes, according to a lawsuit filed by the national nonprofit Disability Rights Advocates. The lawsuit was filed in the U.S. District Court in North Carolina and makes claims that state practices violate two federal laws, the Americans with Disabilities Act and the Rehabilitation Act. Under both laws, the complaint argues, the state is required to provide an accessible vote-by-mail option for voters with disabilities…

DOJ Settles With Mass General Hospital To Ensure Equal Access For Individuals With Disabilities, Including Those In Recovery From Addiction

August 7, 2020 | Source: ADA.gov

The Justice Department and Massachusetts General Hospital (MGH) entered an agreement, under Title III of the Americans with Disabilities Act (ADA), to resolve allegations that MGH denied a patient eligibility for a lung transplant because he was being treated with a prescription medication for opioid use disorder (OUD). The patient later received a lung transplant elsewhere. Under the two-year-agreement, MGH will implement a non-discrimination policy stating that it will not impose eligibility criteria that unnecessarily deny or limit treatment for individuals on the basis of disability…

Senate Republicans ‘Have Declared War’ On The ADA, Says Duckworth

August 6, 2020 | Source: Forbes- Peter Slatin

Never mind the ACA. Let’s gut the ADA. Senate Republicans, unsuccessful (so far) in ridding the nation of the pesky Affordable Care Act, have decided to follow the alphabet one letter forward and are taking aim at another favorite conservative punching bag, the Americans with Disabilities Act. Sen. Tammy Duckworth, (D-Ill.) accused her Republican colleagues of “declaring war on the ADA.” Seizing on the national crisis presented by the novel coronavirus and Covid-19 and focusing on protecting businesses from liability while ignoring the bleeding coffers of states, cities and hospitals…

Blind voters are being disenfranchised, N.C. lawsuit says, and coronavirus doesn’t help

July 29, 2020 | Source: The News & Observer of Raleigh

Lawsuit claims Virginia’s absentee voting system violates Americans with Disabilities Act

July 29, 2020 | Source: Richmond Times-Dispatch

Focus groups highlight barriers to voting for people with disabilities

July 31, 2020 | Source: My Champlain Valley

An in-depth look at voting accessibility for the blind

August 5, 2020 | Source: WGN Radio (Podcast)

Another Election Day In Wisconsin Means More Voting Access Challenges For People With Disabilities

August 6, 2020 | Source: WUWM

St. Louis lawyer initially denied vote due to accessibility issues

August 6, 2020 | Source: Saint Louis Post Dispatch

Blind and visually impaired voters will face discrimination and difficult choices in the 2020 elections, a new lawsuit claims, unless North Carolina acts quickly to improve options for voting by mail. North Carolina has specialized voting machines for people with disabilities who vote at any polling place around the state. But this year, the coronavirus pandemic is expected to lead to a massive increase in voting by mail. And the only option for that is a paper ballot…

Affordable housing company settles DOJ lawsuit over access issues at 82 complexes in 12 states

August 4, 2020 | Source: McKnight’s Senior Living

A developer, builder and manager of affordable senior housing and other apartment complexes has settled one of the largest housing accessibility lawsuits filed by the Department of Justice. Miller-Valentine Operations has agreed to make extensive modifications at 82 multifamily housing complexes and pay $475,000 to resolve claims that it violated the Fair Housing Act and the Americans with Disabilities act by designing and constructing apartment complexes that are inaccessible to people with disabilities…

Lawsuit: Disability group teamed up with Muskegon to allow inaccessible businesses

August 3, 2020 | Source: Detroit Free Press

An advocate for people with disabilities says the city of Muskegon conspired with a local developer and a nonprofit that is supposed to advocate for disabled people to retaliate and discredit her, after she complained two businesses in a city-backed downtown revitalization project were not accessible to customers who use wheelchairs. In a federal lawsuit, Eleanor Canter alleges the nonprofit Disability Network West Michigan, which has a contract with the city, gave the Heritage Square Commons project its “seal of approval,” despite the fact the project did not comply with the Americans with Disabilities Act…

July 2020

California retailers threatened with lawsuits over their websites’ accessibility

July 31, 2020 | Source: Bicycle Retailer

At least 15 bike shops in California have received emails and letters from a law firm threatening suits over their websites’ compliance with the Americans with Disabilities Act and a California statute. The law firm, representing a blind woman from California, said in the letters that it would seek statutory damages of $4,000 per violation, plus attorney fees and other costs. It said it was open to settlement negotiations if dealers responded before Aug. 14. Otherwise, it said, it plans to sue in a U.S. district court…

Court finds that ADA allows for “technical infeasibility” defense in website accessibility cases

July 30, 2020 | Source: DLA Piper

In DeSalvo v. Islands Restaurants, L.P., 2020 WL 4035071 (C.D. Cal. July 16, 2020), the court concluded that the ADA allowed defendants to assert the affirmative defense of “technical infeasibility” in website accessibility allegations. Here, the court struck the defendant’s technical infeasibility affirmative defense with leave to amend…

Justice Department Settles With Ridgewood Preparatory School, Incorporated To Ensure Compliance With The ADA

July 30, 2020 | Source: ADA.gov

The Justice Department entered into a settlement agreement with Ridgewood Preparatory School (Ridgewood) under Title III of the Americans with Disabilities Act (ADA). Ridgewood is a private, nonsectarian school that provides education to children in prekindergarten to twelfth grade. The agreement resolves allegations that Ridgewood violated the ADA by denying a child with spina bifida admission to its pre-kindergarten and kindergarten programs on the basis of his disability, failing to reasonably modify its policies, practices, and procedures to enable the child to access the school’s programs…

Justice Department Settles with School District to Resolve Disability Discrimination Complaint

July 30, 2020 | Source: The US Department of Justice & Complaint & Agreement

The Justice Department today announced that it reached an agreement with Spencer East Brookfield Regional School District in Spencer, Massachusetts to resolve the department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA). The department’s complaint alleges that the school district terminated an elementary-school paraprofessional with knee and shoulder impairments on the basis of her disability…

DOJ reaches settlement agreement with Miller-Valentine over Fair Housing, ADA claims

July 29, 2020 | Source: WHIO & Dayton 24/7 Now & Cincinnati & Highland County Press

The U.S. Department of Justice announced Wednesday an agreement with Miller-Valentine Operations Inc. that would result in the company paying $475,000 to resolve claims that they violated the Fair Housing Act and the Americans with Disabilities Act. The claims surrounding the case involved designs and construction of apartment complexes that were “inaccessible to persons with disabilities.” The settlement will still need approved by the U.S. District Court for the Southern District of Ohio and would resolve the May 2019 lawsuit…

Office for Civil Rights Delivers Annual Report to Congress Highlighting Major Milestones and Achievements in Protecting Students’ Rights

July 29, 2020 | Source: U.S. DOE

Today, the Office for Civil Rights (OCR) released its Annual Report to the Secretary, the President, and the Congress (Annual Report) for Fiscal Year (FY) 2019. The Annual Report illustrates the significant progress made throughout the first three fiscal years of the Trump Administration (FYs 2017-19) in processing complaints, closing cases, and requiring schools to protect students’ civil rights. “This report demonstrates that OCR is once again the neutral, fact-finding agency that it should be, and as a result, students have seen swift justice when their school has failed to protect them,” said Secretary DeVos…

County upgrading parking deck after ADA lawsuit

July 28, 2020 | Source: Akron Beacon Journal

Summit County will make improvements to its parking deck after an Akron man sued the county over the deck’s accessibility. The Summit County Council on Monday approved a resolution authorizing the county executive to advertise for bids for the project at the Summit County Parking Deck in downtown Akron for an estimated $85,000. As part of a settlement agreement, the county agreed to pay Spencer Neal, who has spina bifida and uses a wheelchair, an amount not exceeding $15,000 and make improvements to the parking deck by Aug. 1, 2022…

Largest damages settlement in Disabilities Case puts Levi’s Stadium and 49ers in the spotlight

July 24, 2020 | Source: Peiffer Wolf

Peiffer Wolf’s Cat Cabalo, along with two co-counsels, scored largest damages settlement in a case alleging discrimination in public accommodations under the Americans with Disabilities Act (ADA). The story of the case involving the 49ers and the Levi’s Stadium highlights the importance to have an experienced ADA lawyer on your side. As a disability civil rights attorney, I have had the luxury of feeling good about what I do every day. But there are some cases that remind me exactly why I do what I do and the impact that one case can have for hundreds of people, if not more…

Settlement reached in county jail conditions lawsuit

July 22, 2020 | Source: Santa Maria Sun

Parties in the Murray v. County of Santa Barbara jail conditions case reached a “groundbreaking settlement” on July 17, a press release from Disability Rights California, Prison Law Office, and King & Spalding LLP announced. These legal firms represented hundreds of incarcerated people at the Santa Barbara County Jail in a class action lawsuit that has been in negotiation for months and “seeks to address the dangerous and unconstitutional conditions at the jail,” the release states…

Four visually-impaired Mainers sue for right to have accessible absentee ballots

July 17, 2020 | Source: WGME

Four visually-impaired Mainers have filed suit against the secretary of state and their local municipal clerks, to require them to implement an accessible absentee ballot system for people with disabilities. “Our plaintiffs are perfectly capable of voting on their own,” Attorney for Disability Rights Maine Kristin Aiello said. “They asked for accessible absentee ballots. They were told no, and they didn’t want to have to find someone to help them mark their ballot.” The secretary of state’s communications director says they can’t comment on pending litigation, but she says the state does have a system which allows people with disabilities to mark their ballots independently at their polling place…

Recent Court ADA Case Review for Conflict Resolution Practitioners

July 17, 2020 | Source: Mediate

It is vital for Conflict Resolution Practitioners (CRP) to remain up to date on disability anti-discrimination legislation, laws, and case law to guide them in their dispute resolution processes. Anti-disability discrimination is required knowledge by different agencies that manage this arena. Because of these requirements, this paper will give an update on the recent federal court ADA Title I and Title III rulings. It will then summarize the possible impact of these decisions in the anti-disability discrimination field…

The ADA 30 Years Later: A Continued Call to Action

July 16, 2020 | Source: The Center for Law and Social Policy

While history paints a sanitized version of events, the fight to pass the Americans with Disabilities Act was hard-won. This July marks the 30th anniversary of the Americans with Disabilities Act or ADA, signed into law on July 26, 1990. The ADA is a civil rights law that prohibits discrimination based on disability, whether mental or physical. The ADA builds on protections established within the 1964 Civil Rights Act, and the ADA’s employment provisions afford employees with disabilities the right to request and receive reasonable accommodations to create equally accessible workplaces…

Visually-impaired voters sue state over lack of accessible absentee ballots

July 16, 2020 | Source: Press Herald

A group of voters has sued the state and several municipalities, arguing that the state violated federal law by not providing an electronic alternative to paper ballots for people who are visually impaired. State officials encouraged voters to use absentee ballots during this week’s primary to minimize the risk of people gathering at polling places and spreading COVID-19. Every polling place in Maine has an accessible voting machine for people with disabilities, but paper ballots are the only option for most people who want to vote absentee…

Federal lawsuit accuses Williamsport of violating disabilities act; focus is on City Hall

July 15, 2020 | Source: Penn Live

The city of Williamsport has been accused in a federal lawsuit of violating the Americans with Disabilities Act with the focus being on City Hall. The suit was filed Wednesday in U.S. Middle District Court by the Center for Independent Living of North Central Pennsylvania, the local chapter of ADAPT and four individuals. ADAPT describes itself as a community that organizes disability rights activists. For months, representatives of the Center for Independent Living have been demanding city council make improvements to City Hall so it is fully handicapped accessible…

MTA settles lawsuit with disability advocates, agrees to install elevators in 3 LIRR stations

July 13, 2020 | Source: New York Daily News

A Manhattan federal judge has approved a lawsuit settlement between the MTA and disabled riders that requires the agency to install elevators at three LIRR stations — a move that could force more future accessibility projects. Under the Friday settlement, which was made public Monday, transit officials will be required to add elevators and other accessibility features to the LIRR’s Amityville, Copiague and Lindenhurst stations. They currently don’t meet requirements laid out by the 1990 American’s with Disabilities Act — which has been fought in court by the Metropolitan Transportation Authority for 30 years…

Gimlet Media Sued for Not Making Podcasts Accessible to the Deaf and Hard of Hearing

July 13, 2020 | Source: Gizmodo

The podcasting company Gimlet Media now faces a class-action lawsuit for failing to make its podcasts accessible to the deaf and hard of hearing. In the complaint, filed today in New York, plaintiff Kahlimah Jones argues that Gimlet violates the Americans with Disabilities Act (ADA) by failing to provide closed captioning on various podcasts. As the suit points out, about 36 million people in the U.S. are deaf or hard of hearing. As the suit points out, about 36 million people in the U.S. are deaf or hard of hearing; as we know, precisely 99 percent of Americans are making podcasts…

How to Stay Off the Radar for ADA Lawsuits

July 12, 2020 | Source: FacilitiesNet

Americans with Disabilities Act (ADA) lawsuits filed against properties that offer public access have continued to increase since 1992, the year enforcement began. Full compliance is a requirement, and as the work to become compliant is planned, a strategic approach can be adopted to address the most visible violations first. This may keep your property off the radar of potential plaintiffs and save thousands of dollars in legal fees. For the last six years, the number of cases have increased annually by an average of 27 percent year after year, according to data from a leading law firm, Seyfarth Shaw…

ADA Requires Hotels to Describe Accessibility on Websites

July 8, 2020 | Source: Southeast ADA Center

Many hotels are not aware that the ADA imposes several requirements during the reservations process, including posting descriptions of the hotel’s physical accessibility features on its online reservations system. Starting around early 2018, serial ADA plaintiffs have filed significantly more lawsuits against hotels regarding this issue. In addition to the many physical accessibility requirements at places of lodging (hotels), such as accessible parking and accessible guest rooms, the ADA also requires places of lodging to take certain actions during the reservations process to help individuals with disabilities obtain an accessible guest room…

11th Circuit Refuses to Reinstate Award in Deaf Ex-Costco Worker’s Disability Bias Case

July 6, 2020 | Source: Courthouse News Service & Law.com

An 11th Circuit panel on Monday upheld a judge’s decision to strip a $775,000 jury award from a deaf supermarket employee who has been fighting Costco over its handling of her disability in the workplace. A 2–1 majority found that during Christine D’Onofrio’s employment with warehouse retailer Costco, the company provided her with reasonable workplace accommodations for her deafness, including equipment that allowed her to communicate with her bosses through online interpreters…

June 2020

#accessiBe Will Get You Sued

June 29, 2020 | Source: Adrian Roselli

The hashtag is in the title because accessiBe does not maintain a presence on Twitter. Instead the accessiBe site links to the hashtag, which is currently mostly positive and much of which may be paid. I am hoping a search for that hashtag will surface this warning. It seems fair to first frame accessiBe by what we know of it today. I provide links so you can validate them yourself. My opinion (expert and otherwise) is grounded in these. Users are filing cases against web sites that use accessibility overlays…

Woman alleges disability bias in 47 lawsuits against WNY hotels

June 26, 2020 | Source: Buffalo News

On the surface, Deborah Laufer might seem litigious. After all, she’s the force behind 47 new lawsuits in three months, almost all of them against Western New York hotels. Dig deeper and you come to understand that Laufer, in a wheelchair and vision-impaired, doesn’t stand to make much money from her discrimination complaints. So why so many? “Because no one is doing what she is doing,” said Thomas Bacon, one of the lawyers handling her suits. “Deborah Laufer is one of the few people enforcing the law.”…

Lyft Reaches Settlement With Justice Department Over Accessibility for Disabled Riders

June 25, 2020 | Source: Yahoo Lifestyle

What happened: Lyft has reached a settlement agreement with the U.S. Department of Justice over allegations its drivers refused rides to people who used foldable walkers and wheelchairs, in violation of the Americans with Disabilities Act. The settlement agreement will now ensure that individuals with disabilities who use collapsible mobility devices will have equal access to Lyft rides. The Department of Justice launched the investigation after a Los Angeles man who uses a wheelchair filed at least a dozen complaints about drivers that he was rudely treated or denied rides…

Mask requirement clashes with accessibility law in restaurant lobbies

June 23, 2020 | Source: Buffalo News

Tony Scioli grew into running My Tomato Pie, the family pizza-pasta-salads place on Niagara Falls Boulevard. Operating a restaurant through the various safety concerns has been a challenge. When he switched to takeout, the unprecedented call volume melted his phone system like a blowtorch on an ice pop. With reopening dining rooms came another challenge: keeping people happy while getting them to obey the state’s mask rules. Scioli’s restaurateur portfolio, developed on the fly, now includes legal analyst responsibilities…

Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act

June 22, 2020 | Source: TechCrunch & The Verge

Lyft has agreed to settle a lawsuit from the U.S. Department of Justice that alleges the ridesharing company discriminated against disabled people — specifically those who use foldable wheelchairs or walkers. One complainant, known as J.H. in the suit, alleged Lyft drivers denied giving him a ride on several occasions because of his collapsible wheelchair. As part of the settlement, Lyft has agreed to pay $42,000 to the four complainants and $40,000 to the U.S. Treasury…

Complaint filed against Test Nebraska for lack of accessibility

June 18, 2020 | Source: NTV

An initiative focused on providing COVID-19 testing for all Nebraskans that need it is facing criticism after several groups have complained its not inclusive enough and doesn’t account for challenges faced by Nebraskans with disabilities. When Test Nebraska, a public-private partnership established to expand COVID-19 testing here in Nebraska, was put in place it was supposed to open access for all Nebraskans to get tested, but some are still feeling left out…

Bronx teacher files discrimination complaint against NYC Education Dept. for leaving her without wheelchair-accessible bathroom for 12 years

June 15, 2020 | Source: NY Daily News

While most teachers look forward to meeting the mothers and fathers of their students, Bronx educator Dayniah Manderson dreads parent-teacher conferences. On those days when faculty are required to stay at school well into the evening, Manderson has to abstain from using the restroom for 12 hours or more because her school building doesn’t have facilities that can accommodate her electric wheelchair. “The basic human need to relieve yourself, [when] you are not able to do that, you put yourself at risk,” Manderson, who teaches English at Mott Hall Community School in Throgs Neck, told the Daily News…

Settlement: New London train station must be ADA-compliant

June 15, 2020 | Source: CT Post

Connecticut Department of Transportation reached a settlement with the U.S. Attorney’s Office to resolve allegations that the New London Rail Station is not accessible to individuals with mobility disabilities. John H. Durham, U.S. attorney for Connecticut, announced the settlement on Monday. As part of the settlement agreement, the department must ensure that: there are routes to the station that are compliant Americans with Disabilities Act of 1990; the station has at least one accessible entrance; accessible ramps; accessible doors to the station along the accessible routes;…

Marvel Superheroes, Major Lawsuits And Universal Accessibility On Standardized Tests

June 11, 2020 | Source: Forbes

With countless comics, a hit series and a critically panned film, there’s still one question that’s never been answered about Marvel’s blind crime-fighter, Daredevil: What was his LSAT score? Let’s back up for a moment. If you’re among the 125,000-plus people expected to take the Law School Admissions Test (LSAT) this year, you’ll have to navigate its notoriously challenging Logic Games. These elaborate puzzles describe scenarios with multiple variables, such as clowns leaving a clown car. Based on a fixed set of rules, students must order the variables, group them together or both…

Virus Blamed For Delays In Brewers’ ‘Wheelchair Ghetto’ Suit

June 10, 2020 | Source: Law360

Two wheelchair users who claim the Milwaukee Brewers maintain a “wheelchair ghetto” at Miller Park have urged a Wisconsin federal court not to toss the case because of delays, arguing their responses have been hindered in part because their lead attorney must home-school his three children amid the COVID-19 pandemic. Julie Withers and Dawn Green’s responses in the Americans with Disabilities Act case have been delayed in part because attorney Thomas Napierala’s wife is a “cardiovascular caregiver” who works with patients diagnosed with the novel coronavirus..

ADA Website Litigation Update — Serial Plaintiff Gets No “Lucky Charm” from New York Federal Judge

June 9, 2020 | Source: Jeffer Mangels Butler & Mitchell

In a case indicating that courts may be weary of serial plaintiffs filing multiple cookie-cutter lawsuits, a United States District Judge in the Northern District of New York has ordered a plaintiff to show that she has standing to bring ADA hotel website accessibility lawsuits to federal court. The disabled plaintiff, who resides in Florida, has filed 29 nearly identical ADA website cases in the Northern District of New York seeking injunctive relief, damages, and attorneys’ fees…

Lawsuit Alleges Discrimination Against Blind Students

June 4, 2020 | Source: Brown Goldstein Levy & The News&Observer & The Progressive Pulse

Duke University systematically discriminates against blind students and alumni in violation of the Americans with Disabilities Act and the Rehabilitation Act, according to a lawsuit filed today. The action, brought by the National Federation of the Blind and Duke MBA Mary Fernandez, alleges that Duke failed to ensure that blind students can interact with digital content and platforms and access course materials—including hard-copy Braille materials and hard-copy tactile graphics when requested and appropriate—on an equal basis with students without disabilities…

Pandemic-fueled increase in online activity likely to give rise to website accessibility lawsuits

June 3, 2020 | Source: McAfee & Taft

With the COVID-19 outbreak forcing most people to either shelter in place or severely limit their outside activities, people everywhere are online more than ever. As a result, website accessibility lawsuits under the Americans with Disabilities Act are expected to sharply increase. Title III of the ADA requires places of public accommodation with websites (including retail businesses) to ensure that their websites are accessible to everyone, including visually impaired individuals using screen-reading software…

Pandemic-fueled increase in online activity likely to give rise to website accessibility lawsuits

June 3, 2020 | Source: McAfee & Taft

Lawyers Lay Out Legal Issues Colleges Face This Fall

June 3, 2020 | Source: Inside Higher Ed

Whether institutions can be held liable for students, faculty and staff members contracting COVID-19 on campus is top of mind for leaders mulling reopening plans, but that’s not the only legal pitfall they have to worry about. Lawyers in higher education say an abundance of legal issues await them come September. In the final months of the spring semester, lawsuits cropped up in response to room and board reimbursements, or lack thereof, and online AP testing complications. Colleges have for weeks lobbied Congress for liability protection should students or employees get sick…

May 2020

Yearlong fight to make Iowa City school playgrounds wheelchair accessible ends in settlement

May 29, 2020 | Source: Press Citizen & The Gazette & KCRG & American School & University & ADA.gov

Iowa City Community School District has agreed to make playgrounds across the district more accessible to children with disabilities as part of a settlement agreement with the U.S. Department of Justice. The school board approved the settlement this week, agreeing to make more than 200 adjustments to playgrounds across campuses. The adjustments will make the structures accessible to kids with wheelchairs and otherwise comply with the Americans with Disabilities Act. According to district documents, the district has already made a majority of the changes…

Advocates Sue BOE to Make Absentee Voting Accessible for the Primary

May 29, 2020 | Source: City Limits

Disability rights groups sued the New York State Board of Elections (BOE) last Friday in a bid to make absentee voting accessible for voters with disabilities by the state’s June 23 primary. There was a hearing on the lawsuit Thursday morning. But the plaintiffs are already seeing some success outside of court, with the BOE passing a resolution on Wednesday to try to make PDF ballots available to some of those who request them for the primary. The groups filed the lawsuit with the Southern District of New York (SDNY), alleging the BOE is violating the Americans with Disabilities Act by not providing an accessible absentee voting system…

Feds investigate college twice since 2017 for disability discrimination

May 28, 2020 | Source: Berkeley Beacon

The federal Office for Civil Rights has investigated the college twice for disability discrimination since 2017 with one case closed in April and the other still open, according to public records obtained by The Beacon. The ongoing investigation concerns discrimination on the basis of disability while the case that closed in April covered the accessibility of the college’s website. The case was closed after the college changed its website to comply with federal regulations, according to the documents…

Federal lawsuit challenges voter accessibility in Alabama

May 28, 2020 | Source: WHNT19

With COVID-19 case numbers rising in Alabama and an election less than 2 months away, the Southern Poverty Law Center filed a federal lawsuit in the Northern District of Alabama. The suit challenges a number of provisions in Alabama voting law, most importantly regarding absentee ballots. “The requirement for people who are voting by absentee ballot to either have their ballot notarized or for them to sign their absentee ballot envelope in the presence of two witnesses,” explained Caren Short, Senior Staff Attorney with the SPLC…

Nonverbal Students Being Denied An Education During Pandemic, Lawsuit Says

May 27, 2020 | Source: Disability Scoop

Students with autism are illegally being denied an education during the government-ordered coronavirus school shutdown, a lawsuit filed this month alleges. The outcome of the lawsuit, seeking class-action status and filed in federal court in Philadelphia on behalf of two Bucks County children, could potentially affect thousands of students with disabilities. At its heart is a claim that Pennsylvania Gov. Tom Wolf failed to name as “life-sustaining” services those that provide in-person education to nonverbal and partially verbal children with autism — kids for whom online instruction and services are ineffective…

The waiting game: Nearly 30 years later, companies lack meaningful regulatory guidance on the TCPA and ADA

May 26, 2020 | Source: Eversheds Sutherland

Over the past eight years, the number of cases filed in courts across the country alleging violations of the Telephone Consumer Protection Act (TCPA) has more than quadrupled, with thousands filed each year. In 2018, another strict liability statute, the Americans with Disabilities Act (ADA), gave rise to more than 1,000 putative class actions based on allegations that defendants’ websites fail to provide effective communication for users with disabilities. The filing of new complaints under both statutes has continued unabated in 2020…

Panel Hears Disability Bias Case of Deaf Ex-Costco Worker

May 22, 2020 | Source: Courthouse News Service

A deaf former Costco employee is challenging a judge’s decision to toss out a jury verdict that awarded her $775,000 on her disability discrimination claim against the popular supermarket chain. Christine D’Onofrio thought she won her lawsuit against Costco in June 2018 when the jury found that the company had not provided reasonable workplace accommodations for her deafness. The jury awarded her $750,000 for mental anguish, along with $25,000 in punitive damages…

As America reopens, prepare for a flood of coronavirus workplace lawsuits

May 20, 2020 | Source: CNBC

Like many small business owners, Edgar Comellas, owner of Aces Wild Entertainment in Florida, has seen business grind to a halt since March. His company, which arranges casino games for corporate, fundraising and private events, has returned deposits and doesn’t have any new bookings on the horizon. Times are hard, but Comellas isn’t exactly rushing to get back out there. He’s been stocking up on protective gear such as masks, gloves and hand sanitizer while contemplating eye goggles, plexiglass dividers and new arrangements, like three blackjack tables for the price of two so as to allow for more space between patrons…

Blind Michigan Voters Win Groundbreaking Lawsuit

May 19, 2020 | Source: National Federation of the Blind

In a historic outcome, a Federal Court in Detroit has approved a consent decree that orders the State of Michigan to provide accessible absentee ballots to blind Michigan voters in all future elections. The lawsuit, filed on behalf of blind voters Michael Powell and Fred Wurtzel, along with the National Federation of the Blind of Michigan, alleged that Michigan Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater violated the Americans with Disabilities Act by failing to provide absentee ballots that can be completed by the blind…

COVID-19 Pushes Commerce Online, Making ADA Website Compliance More Important Than Ever

May 19, 2020 | Source: Law.com

The COVID-19 pandemic has tilted the world of commerce decidedly—and perhaps irrevocably—toward a model where the fundamental point of contact between consumer and business is online. Put simply, a restaurant these days needs a website just as much as a kitchen, in order for customers to place pick-up or delivery orders consistent with physical distancing directives. An orchestra needs a way to deliver performances to audiences while concert halls are closed to crowds…

Serial ADA Plaintiff Declared Vexatious Litigant in Federal Court in California

May 13, 2020 | Source: Jackson Lewis

On April 19, 2020, Judge James V. Selna of the United States District Court, Central District of California, granted a motion to declare pro se plaintiff Peter Strojnik, Sr. a vexatious litigant, requiring him to obtain the permission of the Court before filing any future accessibility lawsuits with the District Court. Federal courts by statute have the discretion to enjoin vexatious litigants. See All Writs Act, 28 U.S.C. §1651(a). Defense attorneys and hotel owners and operators, especially in California, are very familiar with Mr. Strojnik as he has filed hundreds of nearly identical lawsuits and claims against hotels…

Judge orders Cuomo to make Covid-19 briefings more accessible to deaf New Yorkers

May 11, 2020 | Source: Buffalo News & Times Union

Signing of the times: New cast member in Cuomo show

May 14, 2020 | Source: Politico

A federal judge Monday evening ordered Gov. Andrew M. Cuomo to follow the lead of what governors, mayors and county executives across the United States routinely offer every day: the prominent use of a sign language interpreter during his daily Covid press briefings so tens of thousands of deaf New Yorkers can keep up to date on the latest coronavirus updates from Albany. The Cuomo administration had pushed back against a lawsuit by Disability Rights New York, an advocacy group that last month sued the Democratic governor to try to force him to share the broadcast frame with an ASL interpreter during his coronavirus press briefings…

Blind and Deafblind Students Set to Take Advanced Placement Tests File Civil Rights Complaint Against College Board

May 11, 2020 | Source: National Federation of the Blind

Five blind high school students and the National Federation of the Blind, the nation’s leading advocate for equal education of the blind, have filed a complaint against the College Board with the United States Department of Education Office of Civil Rights (OCR) on behalf of themselves and all other blind and deafblind students who are registered to take the May 2020 advanced placement (AP) tests from the College Board. The complaint alleges that the College Board, which is primarily administering the AP tests digitally because of the coronavirus pandemic, is refusing to grant the students approved accommodations to which they are entitled…

To get federal benefits for disabilities that prevent them from filling out paperwork, they have to fill out paperwork, so they are suing

May 6, 2020 | Source: The Washington Post

William Ashlock can’t walk across a parking lot without getting winded. He also can’t lift more than 15 pounds without feeling pain, or see well enough up-close, even with glasses, to read a newspaper. In the past, he has worked as a roofer, warehouse supervisor and kitchen staff member at a pizza restaurant. Now, the 60-year-old stocks shelves for two to three hours a day, earning about $75 a week. It is enough for him to buy food and put gas in his 2005 Dodge truck, where he is living. It is not enough for him to pay for his blood pressure medication…

Curve Flattens’ for ADA Website-Accessibility Lawsuit Filings, Seyfarth Report Says

May 6, 2020 | Source: Law.com

After explosive growth in the number of American with Disabilities Act website-accessibility lawsuits launched in 2018, it appears that the once-rising tide of litigation has leveled off, according to Am Law 100 firm Seyfarth Shaw. In 2019, there were 2,256 ADA website-accessibility lawsuits filed in the nation’s federal courts, as compared with just two more (2,258) in 2018, according to Seyfarth labor and employment partners Minh Vu and Kristina Launey, who keep a tally of various ADA suits lodged by the federal courts and who blog about their findings…

508 Compliance: Ensuring Technology Follows the Law and Meets All Students’ Needs

May 1, 2020 | Source: School Library Journal

Target, Seattle Public Schools, the Free Library of Philadelphia, and Domino’s Pizza have something significant in common. All have been sued for having websites or digital tools that are not accessible for individuals with disabilities. In recent years, hundreds of similar cases have been part of a rising tide of web accessibility litigation. In 2018, more than 2,200 such cases were filed in federal court, according to data from Courthouse News Service. That nearly tripled the 814 cases filed in 2017…

April 2020

The Curve Has Flattened for Federal Website Accessibility Lawsuits

April 29, 2020 | Source: Seyfarth Shaw

We’ve sheltered in place and finished our tally. The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018. The total number of website accessibility lawsuits filed in federal court (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them) in 2019 was 2,256 — two fewer than in 2018. In short, the number of suits appears to be leveling out after businesses saw an explosive 177% increase in these suits from 2017 to 2018.

Statement by Assistant Attorney General for Civil Rights Eric S. Dreiband Protecting Civil Rights While Responding to the COVID-19

April 29, 2020 | Source: Department of Justice

Yesterday, the Assistant Attorney General for Civil Rights issued the statement, Protecting Civil Rights While Responding to the Coronavirus Disease 2019 (COVID-19). The statement reiterates that discrimination based on race, sex, religion, national origin, disability, and other protected classes continues to be unlawful during this public health emergency. The statement also provides information on how to report civil rights violations and obtain additional civil rights resources…

Secretary DeVos Forgoes Waiving Disability Law Amid School Closures

April 28, 2020 | Source: WGBH

U.S. Education Secretary Betsy DeVos will not recommend that Congress waive the main requirements of three federal education laws, including the Individuals with Disabilities Education Act, known as IDEA. The federal law ensures that children with disabilities have a right to a free, appropriate public education whenever and wherever schools are operating. When Congress passed the coronavirus relief package, known as the CARES act, they included a provision that allowed the Secretary to request waivers to parts of the special education law during the pandemic…

Arizona taxi company settle lawsuit over added fee charged to ride accessible van

April 27, 2020 | Source: Tucson.com

A major Arizona taxi firm has agreed to stop charging an additional fee for accessible van customers. The Arizona Center for Disability Law says that Total Transit Inc. will no longer impose that $10 charge for an “on-demand van.” Rose Daly-Rooney, the organization’s legal director, told Capitol Media Services the move ends a 2015 lawsuit filed against the company accusing it of illegal discrimination against those with disabilities. There was no immediate response from the attorney for the company, though federal court records say there was an agreement which was sealed as confidential…

Blind voters sue Michigan for not making absentee ballots accessible during coronavirus

April 27, 2020 | Source: MLive

Absentee ballots aren’t an option for blind Michigan voters who want to vote on their own. And during the coronavirus pandemic – when state officials are encouraging people to stay home and vote absentee instead of congregating at the polls – that’s dangerous, said Jason Turkish, managing partner at Nyman Turkish PC. The firm is suing Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater for failing to provide alternatives for blind people to vote absentee. The lawsuit requests a judge to require Michigan to implement an accessible absentee voting alternative by the May 5 election…

ADA Title III Considerations for Businesses During the COVID-19 Pandemic

April 27, 2020 | Source: Fox Rothschild

While many potential targets for Americans with Disabilities Act (ADA) Title III litigation are currently shuttered due to the COVID-19 pandemic, a significant number of cases remain pending on court dockets throughout the nation, and businesses will continue to be sued, particularly with the public’s increased reliance upon websites and mobile applications. The total number of ADA Title III lawsuits filed in federal courts has increased every year for the past several years, with more than 11,000 cases filed in 2019…

To Access Online Services, New Jersey Students With Disabilities Must Promise Not To Sue

April 25, 2020 | Source: HuffPost

Some New Jersey schools have been forcing students with disabilities to sign waivers promising not to sue the district before giving them access to special education services, HuffPost has learned. A form distributed by districts asks families to “waive and relinquish; fully release and discharge; and indemnify and hold harmless” the school district and all of its employees “from all claims, liabilities, causes of action, costs, expenses, attorneys’ fees, damages, indemnities, and obligations of every kind and nature, in law, equity, or otherwise,” before providing students with the counseling and speech services outlined in their individualized education program, or IEP…

Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards

April 24, 2020 | Source: Seyfarth Shaw & Business Insurance & Akin Gump

In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards. It has been a gloomy month for businesses that (ordinarily) open their doors to the public, but there was a small bright spot yesterday: U.S. District Court Judge Gregory Woods issued a decision holding that Title III of the ADA does not require public accommodations to make and sell gift cards with Braille…

Disability Lawsuits Continue In The Midst of Economic Lockdown

April 22, 2020 | Source: NBC 7

In the days following Governor Gavin Newsom’s order to shut down bars and dining areas to the public, a handful of restaurant and bar owners in eastern San Diego County received more bad news; lawsuits for failing to provide access for those with disabilities. Scott Schuzta has filed more than fifty Americans With Disability Act (ADA) lawsuits against San Diego County businesses in the past several years. In mid-March, as restaurants and bars were laying off workers and embracing for vanishing income, Schutza, represented by ADA litigation experts, Potter Handy, filed federal lawsuits against seven businesses…

Justices Won’t Consider Legal Test for Workplace Disability Bias

April 20, 2020 | Source: Bloomberg Law

The U.S. Supreme Court declined to consider what threshold workers must meet to prove that their employers discriminated against them on the basis of their disability. The justices rejected Richard Natofsky’s challenge to a U.S. Court of Appeals for the Second Circuit decision that threw out his lawsuit alleging the New York City government gave him poor evaluations and demoted him due to his hearing impairment. Natofsky failed to show that those adverse employment actions wouldn’t have taken place but for his disability, the appeals court said…

Fair housing lawsuit filed in North Dakota involves Fargo and Grand Forks apartment complexes

April 9, 2020 | Source: Grand Forks Herald

The U.S. Department of Justice has filed its first Fair Housing Act lawsuit in North Dakota, alleging a pattern of violations related to the design and construction of multifamily housing. The lawsuit, filed in March, alleges discrimination against people with disabilities involving four projects by Grand Forks developer Hampton Corporation Inc. and several other individuals and entities. One property with alleged violations is Townhomes at Charleswood, located at 1908 Burlington Drive in West Fargo…

Why is ADA litigation at an all-time high?

April 3, 2020 | Source: Human Resource Executive

The trend of rising federal lawsuits stemming from alleged violations of the Americans with Disabilities Act continued in 2019, spiking at an all-time high and serving as a cautionary tale for employers. According to the Chicago-based law firm Seyfarth Shaw LLP, plaintiffs filed 11,053 such cases last year, 890 (8.8%) more than in 2018. That marked the highest since Seyfarth began tracking these suits in 2013, when there were only 2,722. The Title III lawsuits were filed on all grounds—including issues with websites and mobile applications, physical facilities, service animals, sign-language interpreters and more.

U.S. Department of Education Office for Civil Rights Annual Report for Fiscal Years 2017-18

April 3, 2020 | Source: U.S. Department of Education, Office for Civil Rights (PDF)

It is my pleasure to present the U.S. Department of Education’s Office for Civil Rights’ (OCR) Annual Report to the Secretary, the President, and the Congress for fiscal years 2017-18. This report details OCR’s accomplishments, substantive achievements, and performance results during the first two fiscal years of the Trump Administration. It has been my privilege to return to OCR and serve again with the committed and hardworking professionals who enforce the federal civil rights laws on behalf of our nation’s students and their families…

March 2020

Applying the CCPA’s New Accessibility Requirements to Privacy Policies

March 31. 2020 | Source: Bloomberg Law

The California Consumer Privacy Act’s regulations are expected to add protections for people with disabilities. The disclosures required by the CCPA will have to be “accessible” to consumers with disabilities so that those consumers will be able to benefit from the privacy disclosures. What will this require businesses to do? What does “accessibility” mean in the CCPA context? This accessibility requirement applies to the following types of notices…

HHS Bulletin Warns COVID-19 Resource Rationing May Constitute Unlawful Disability Discrimination

March 31, 2020 | Source: Seyfarth Shaw

In this unprecedented time of COVID-19 emergency, there have been reports on the news that healthcare providers may need to make tough choices between patients due to various factors, including the shortage of much-needed life-saving equipment. On March 28, 2020, the U.S. Health and Human Services Department (“HHS”) Office for Civil Rights (“OCR”) issued a bulletin reminding entities receiving federal funds for programs subject to Section 1557 of the Affordable Care Act (“Section 1557”) and Section 504 of the Rehabilitation Act (“Section 504), that their anti-discrimination obligations under those laws remain in place and must continue to be observed…

Accessibility lawsuit resolved for Trinidad man

March 30, 2020 | Source: Pueblo Chieftain

A disabled Trinidad man and the city government have resolved his lawsuit that claimed the city’s curbs and sidewalks were not accessible to him, which violated federal laws that prohibit discrimination against disabled persons. “I am extremely grateful to announce that my years-long fight for accessibility in Trinidad has come to a resolution,” Stephen Hamer said Friday in a written statement. “I am thrilled that the City of Trinidad has committed to a long-term plan to modify its sidewalks and curb cuts so that all of its citizens with and without disabilities will have an equal opportunity to travel freely and safely,” he stated…

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

March 27, 2020 | Source: McManis Faulkner

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 California’s Unruh Civil Rights Act based on allegedly discriminatory terms and conditions that limited the ability of bankruptcy attorneys to use the payment processing service. The court was asked to decide whether the plaintiff had standing under Unruh where he only visited the website and did not actually transact with Square’s online business…

CARLOS MELO, Plaintiff, Appellant, v. CITY OF SOMERVILLE Case: Disability Discrimination/Essential Functions (1st Cir.)

March 25, 2020 | Source: Bloomberg Law

A former police officer forced to retire after it was determined that his blindness in one eye rendered him unable to carry out car chases may pursue Americans with Disabilities Act claims against the City of Somerville, Mass., because such ability may not have been an essential job function, given its absence from the department’s list of duties and responsibilities of a patrol officer. Even if a jury were to find high-speed pursuits an essential function of his job, the officer might still prevail because a jury could also find that he can perform that function, the court said…

Academy Express agrees to voluntary settlement of ADA complaint

March 23, 2020 | Source: Bus & Motorcoach News

Academy Express has agreed to settle with the U.S. Department of Justice over a complaint that it failed to provide wheelchair-accessible bus service as required by the Americans with Disabilities Act (ADA). The complaint was filed after organizers of a military reunion requested a wheelchair-accessible bus for an “Honor Flight” of Vietnam veterans from New Jersey to visit historic sites in Washington, D.C., in 2018. The organizers said neither of the two buses assigned to the group were accessible, so a 74-year-old veteran was unable to participate in the first day of activities…

Justice Department Files Its First Enforcement Action Against COVID-19 Fraud

March 22, 2020 | Source: U.S. Department of Justice

DOJ Announces Charges Against COVID-19 Fraud Website

March 26, 2020 | Source: Law Street Media

The Department of Justice announced today that it has taken its first action in federal court to combat fraud related to the coronavirus (COVID-19) pandemic. The enforcement action filed today in Austin against operators of a fraudulent website follows Attorney General William Barr’s recent direction for the department to prioritize the detection, investigation, and prosecution of illegal conduct related to the pandemic. As detailed in the civil complaint and accompanying court papers filed on Saturday, March 21, 2020, the operators of the website “coronavirusmedicalkit.com” are engaging in a wire fraud scheme…

Legal Compliance For Your Law Firm Website (ADA, GDPR, CCPA)

March 18, 2020 | Source: Forbes

When designing a law firm website, the term “compliance” is thrown around quite a bit. “Is my website compliant?” is shaping up to be the question of the year from both new clients and law firms we have worked with for years. Website compliance is interpreted through adherence to the guidelines outlined in the following policies and regulations: Americans with Disabilities Act (ADA), General Data Protection Regulation (GDPR), and California Consumer Privacy Act (CCPA)…

Million Dollar Settlements of Closed Captioning Website Accessibility Lawsuits Highlight Need for Dual Approach

March 18, 2020 | Source: Duane Morris

Massachusetts Institute of Technology is seeking approval to pay $1,000,000+ in attorneys’ fees to settle a putative class action alleging MIT’s website was inaccessible to people with hearing difficulties. This comes just months after Harvard University preliminarily settled a nearly identical lawsuit for $1.575 million. Neither university admits liability or wrongdoing in the settlement agreements. The complaints alleged each university lacked adequate closed captioning of videos and audio tracks on publicly availably websites in violation of Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act…

Justice Department Files Lawsuit Alleging Disability-Based Discrimination in North Dakota Housing

March 17, 2020 | Source: STL News& Grand Forks Herald & The Dickinson Press

The Department of Justice announced today that it filed a lawsuit alleging that Hampton Corporation Inc. and several other individuals and entities violated the Fair Housing Act and Americans with Disabilities Act by failing to design and construct multifamily residential properties and an associated rental office in North Dakota so that they are accessible to people with disabilities. Along with its lawsuit, the department submitted to the court a partial consent decree resolving claims against the architect and engineer involved in the design of one of the four apartment complexes at issue in the lawsuit…

DOE Releases Webinar for Protecting Students’ Civil Rights During COVID-19 Response

March 17, 2020 | Source: DOE & Disability Scoop & Webinar (Video)

The Office for Civil Rights (OCR) at the U.S. Department of Education released today a webinar on ensuring web accessibility for students with disabilities for schools utilizing online learning during the Coronavirus (COVID-19) outbreak. In addition, OCR published a fact sheet for education leaders on how to protect students’ civil rights as school leaders take steps to keep students safe and secure. These resources will assist education leaders in making distance learning accessible to students with disabilities and in preventing discrimination during this Administration-wide response effort…

Blind Americans Settle Lawsuit against Social Security Administration

March 12, 2020 | Source: National Federation of the Blind

The National Federation of the Blind, America’s civil rights organization of the blind, and two blind individuals, Lisa Irving and Amy Bonano, have reached a court-ordered settlement of the lawsuit they filed in 2017 against the Social Security Administration (SSA). Under the settlement agreement, the SSA will make improvements to the visitor intake processing kiosks (VIPr kiosks) at its field offices so that blind visitors can use the kiosks privately and independently, without revealing personally identifiable information such as their Social Security numbers to third parties like security guards or other office visitors…

Serial plaintiff sues Louis Garneau USA over website ADA compliance

March 10, 2020 | Source: Bicycle Retailer

An Astoria, N.Y. man who is legally blind is the lead plaintiff in a class action lawsuit filed against Louis Garneau USA. The suit alleges the Vermont-based company’s website is not compliant with the Americans With Disabilities Act. The man, Brian Fischler, is the lead plaintiff on dozens of similar lawsuits filed in New York over the last two years; his law firm is among the firms that file the majority of such cases across the country. Last year, a man from Brooklyn sued Haro Bicycle with a similar complaint. That suit, which was later settled, does not appear to be related to the suit against Garneau…

Blind man fails citizenship test after being denied Braille

March 6, 2020 | Source: BBC News

Duckworth Condemns USCIS for Failing to Follow Civil Rights Law for Blind Man Seeking Citizenship Test

March 10, 2020 | Source: Tammy Duckworth (PDF)

A blind man has been denied US citizenship after immigration agents refused to provide him with an English language sentence to read in Braille. Lucio Delgado, 23, was born blind and uses a cane to get around. He moved to the US from Mexico six years ago. Mr Delgado said he was offered a large-print sentence to read, which he could not, being totally blind. Mr Delgado, who is legally blind under Illinois state law, was told to get a doctor’s note to prove his condition…

Epcon settles complaint over accessibility for disabled

March 6, 2020 | Source: The Columbus Dispatch

Epcon Communities has settled a long-standing dispute over accessibility for the disabled in some of its older communities. The Columbus-based condominium builder has agreed to spend up to $2.2 million to improve accessibility in 32 of its Ohio properties. The agreement resolves complaints that the Columbus house and condominium builder violated the Fair Housing Act. The case began with complaints filed in 2011 over access for residents with disabilities in some of Epcon’s older communities built in a “pinwheel” design of four connected condominiums…

Desoto Parish signs agreement with Feds to comply with ADA

March 4, 2020 | Source: KATC

DeSoto Parish has signed an agreement with the U.S. Attorney’s Office, promising to comply with the American Disabilities Act. The Act was passed in 1990, and requires parishs/counties, cities, towns and villages to eliminate barriers that prevent people with disabilities from participating fully in community and civic life. DeSoto Parish has worked cooperatively with the Department of Justice and, in signing the settlement, has made significant progress in meeting ADA requirements…

A Lawsuit Against Adult Entertainment Sites Might Clarify ADA

March 3, 2020 | Source: Bloomberg Law

Given the rapid expansion in the nature and extent of online business, website accessibility—i.e. designing and coding websites so that people with disabilities can use them—is an issue every business that stakes its claim to online real estate should be thinking about. The plaintiff’s bar has already demonstrated their understanding that this area is ripe for litigation, as we’ve seen the number of website accessibility lawsuits filed in federal courts triple from 2017 (approximately 800) to 2018 (approximately 2,250) and continue to grow in 2019 based on our calculations…

MTA’s Long History Of Being Sued Over Subway Accessibility

March 3, 2020 | Source: Gothamist

In January 2019, a 22-year-old woman died after falling down the stairs of a midtown Manhattan subway station. Malaysia Goodson had been carrying a stroller and her 1-year-old daughter down to the platform of the 7th Avenue and 53rd Street station, which lacks an elevator. Her death dramatically highlighted the grim reality endured by parents, caregivers, elderly, and the disabled alike: The vast majority of the 472 subway stations in New York are inaccessible—and much of the MTA’s current accessibility policies have been crafted under duress as the agency has been sued time and time again…

USC settles with government over allegations of ADA violation

March 2, 2020 | Source: LA Daily News & Daily Trojan & Annenberg Media

USC has agreed to resolve allegations that it violated the Americans with Disabilities Act at its hotel adjacent to the campus by failing to provide a wheelchair-accessible room to a customer who needed one, the U.S. Attorney’s Office announced on Monday, March 2. The federal complaint was filed three years ago in Los Angeles federal court by a man who uses a wheelchair because of his disability and required an accessible room with a roll-in shower when he booked a room at the hotel then known as the Radisson Hotel Los Angeles Midtown at USC or USC Radisson, according to the Feb. 21 settlement agreement…

February 2020

Accessibility Lawsuits in Texas on the Rise

February 28, 2020 | Source: Law.com

There has been a significant increase over the past few years in Americans with Disabilities Act (ADA) accessibility lawsuits, agency enforcement actions and demand letters targeting public accommodations in Texas. While California, New York and Florida have been the most popular states for claims alleging that individuals with disabilities encountered access barriers, these cases are becoming much more common against physical locations, websites and mobile apps of restaurants, retailers, hotels, health care providers, offices and other entities with a presence in Texas…

Why Your Law Firm Website Must Be ADA Compliant

February 27, 2020 | Source: Legal Reader

Web accessibility for people with disabilities or dysfunctions has become a chief concern for legal authorities and businesses, especially in this digital era. A lot of institutions, from disability advocacy groups to non-profit organizations, have been working hard to integrate the ADA, or Americans with Disabilities Act of 1990, with websites to offer simple access to individuals with disabilities. However, when we are talking about ADA website compliance, the word disability has, for the most part, a very limited meaning…

Another ADA Lawsuit Alleges Website Not Accessible to the Blind: This time the Target is the Wine Enthusiast Catalog

February 27, 2020 | Source: Wine Business

A woman who was born blind has filed a federal lawsuit against Wine Enthusiast Inc., according to court records. Anne West, a business owner based in Hartford, Conn., alleges Wine Enthusiast’s catalog website is not accessible to individuals with visual disabilities and does not comply with the federal American with Disabilities Act, according to the complaint filed Tuesday in Connecticut. She seeks an order to have the New York –based magazine take necessary steps to become compliant with the federal law, according to the court filing…

Disabilities lawsuits hit another new high while plaintiffs’ attorneys find new strategies

February 27, 2020 | Source: Legal News Line

Certain lawsuits filed by disabled plaintiffs rose 8.8 percent in 2019 as plaintiffs’ attorneys continued to churn out novel discrimination complaints, according to the law firm Seyfarth Shaw LLP. The nearly 9 percent rise in these lawsuits reflected an increase of 890 filings nationwide from 2018 to 2019, said Minh Vu, who heads Seyfarth’s Americans with Disabilities Act Title III Speciality Team said. These lawsuits include complaints over the accessibility of physical facilities, websites and apps, among other things…

Lawsuits target local businesses with websites deemed inaccessible to the visually impaired

February 25, 2020 | Source: Suffolk Times

A series of “cut and paste” lawsuits has reached the North Fork, affecting dozens of local businesses and prompting the Riverhead Chamber of Commerce to issue an “urgent alert” last week. The lawsuits are aimed at businesses with websites that are considered inaccessible to the visually impaired, a violation of the Americans with Disabilities Act. Local business owners were stunned to learn that their websites are subject to the same ADA regulations as their brick-and-mortar shops…

Popstar To Pizza To Adult Websites: Complying With The ADA In The Digital Age

February 25, 2020 | Source: Forbes

In January 2019, a blind woman from New York sued Beyoncé Knowles’ company, Parkwood Entertainment. The plaintiff claimed Beyonce.com did not provide required accommodations for those with visual impairments. She said that Beyonce’s website presented barriers to blind people who used screen readers. The claimed barriers also included the absence of “alt text” (text describing an image read aloud to blind users by screen-reader software), accessible drop-down menus that allow those with visual impairments to click through the website, and keyboard access…

Deadline Approaching for Agencies to Post Regulatory Guidance

February 24, 2020 | Source: Bloomberg Law

Anyone looking for all of the guidance, notices, and letters that federal agencies use to explain regulations should be able to find it on searchable websites by the end of this week, if agencies meet their deadline. President Donald Trump last October signed a pair of executive orders intended to rein in agency guidance documents, defined broadly as all the ways agency officials explain regulations under their jurisdiction. One order required agencies to post all their guidance—including letters, adjudication decisions, or even press releases—on one easily accessible website…

Trump has flipped the 9th Circuit — and some new judges are causing a ‘shock wave’

February 22, 2020 | Source: Los Angeles Times

When President Trump ticks off his accomplishments since taking office, he frequently mentions his aggressive makeover of a key sector of the federal judiciary — the circuit courts of appeal, where he has appointed 51 judges to lifetime jobs in three years. In few places has the effect been felt more powerfully than in the sprawling 9th Circuit, which covers California and eight other states. Because of Trump’s success in filling vacancies, the San Francisco-based circuit, long dominated by Democratic appointees, has suddenly shifted to the right, with an even more pronounced tilt expected in the years ahead…

2 lawyers, 231 lawsuits over gift cards

February 20, 2020 | Source: WHEC (Video)

A warning for any retailer that sells a gift card: The lawsuits are coming. For more than a year News10NBC tracked the trend of a handful of lawyers suing property owners, businesses and schools for violating the terms of Title III of the Americans with Disabilities Act, a federal law that has existed since the early 1990s. And now, News10NBC found out retailers and their gift cards are at the core of hundreds of new lawsuits. And they are the first in this country…

Feds to Monitor LA County Vote Centers for ADA Compliance

February 19, 2020 Source: SCVNEWS

The U.S. Attorney’s Office will deploy personnel to monitor Los Angeles County vote centers during the February 22-to-March 3 election period for compliance with the federal Americans with Disabilities Act, or ADA, for voters with physical disabilities. The federal monitoring is part of the U.S. Justice Department’s Americans with Disabilities Act Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with local officials to increase accessibility for disabled voters at polling places…

MIT to caption online videos after discrimination lawsuit

February 18, 2020 | Source: ABC News & National Association of the Deaf & Law|Street

The Massachusetts Institute of Technology has agreed to provide captions for more of its publicly available online videos as part of a settlement announced Tuesday in a case that accused the school of discriminating against people who are deaf or hard of hearing. The settlement comes months after a similar deal was reached in a lawsuit brought against Harvard University by the National Association of the Deaf, which said the schools were discriminating against people with hearing disabilities by not adequately or accurately captioning videos of lectures and other programs it posts online…

Los Angeles Agency Settles Claims It Violated Housing Requirements

February 14, 2020 | Source: DSNews

The CRA/LA, the successor of the Community Redevelopment Agency of the City of Los Angeles, agreed to pay $3.1 million to settle allegations that its predecessor violated the False Claims Act, according to a statement from the Justice Department. The agency and the city face claims that they received funding from the Department of Housing and Urban Development (HUD) while falsely claiming they were in compliance with accessibility laws…

Expandable Airplane Bathroom Unveiled At Singapore Air Show Might Address Paralyzed U.S. Veterans’ Lawsuit

February 12, 2020 | Source: Forbes

Airplane bathrooms are getting smaller. As a result, disabled passengers and those with limited mobility suffer discomfort and indignities when traveling by air. The situation has led the Paralyzed Veterans of America to take legal action against the U.S. Department of Transport. An expandable, accessible aircraft lavatory design, developed by ST Engineering and Acumen that was unveiled at the Singapore Air Show this week could address this dispute. The ACCESS expanding lavatory allows more room for disabled and reduced mobility passengers, their wheelchair and even an attendant…

Disabled Access Can Ramp Up Lawsuits

February 11, 2020 | Source: Habitat

No co-op or condo board wants its commercial spaces to be inaccessible to the disabled. But a particular type of disability lawsuit may be targeting small businesses in your building, not with any intention of seeing them made fully accessible but simply to collect a token fee for the plaintiff – and a large fee for the attorney through a quick settlement. This, clearly, is not in keeping with the lofty motivation behind the Americans with Disabilities Act (ADA)…

Morgan Stanley Sued Over Website Access by Blind Woman

February 10, 2020 | Source: Advisor Hub

A legally blind woman in New York has filed a negligence and discrimination suit against Morgan Stanley alleging that its online wealth management websites are largely inaccessible to her, in violation of the Americans with Disabilities Act and the state’s Human Rights Law. The complaint, which seeks $1 million in compensatory damages and $3 million in punitive damages, was filed on Friday by Georgann Gonoude, a Bronx resident who alleges she has been a client of Morgan Stanley since 2010…

NYPD Facilities Violate ADA, Judge Rules

February 10, 2020 | Source: FacilitiesNet

The New York Police Department is in violation of the Americans with Disabilities Act, according to the United States District Court for the Southern District of New York. As part of the litigation, 25 of the NYPD’s 77 stations were surveyed, and all were found to have at least one element which violates ADA. Mobility-impaired individuals cannot access the services at the stations because some can only be entered by stairs or accessible entrances are locked, improperly signed, or have improper access to them…

Ex-redevelopment agency to play $3.1 million in settlement with DOJ over L.A. disabled housing funds

February 6, 2020 | Source: LA Daily News & Canyon News

CRA/LA has agreed to pay $3.1 million to resolve allegations that its predecessor agency violated the False Claims Act by knowingly failing to comply with accessibility laws when it financed and assisted in the development of affordable housing in the city of Los Angeles supported by federal funds, the U.S. Department of Justice announced on Thursday, Feb. 6. CRA/LA is the successor of the Community Redevelopment Agency of the City of Los Angeles, a local redevelopment agency that financed and assisted in the development of multifamily affordable housing using local tax monies and federal community development grants…

Software company not liable for product inaccessible to blind employee

February 6, 2020 | Source: HR Dive

Software company Epic Systems cannot be held liable for its product’s inaccessibility to a hospital employee with a disability, a federal district court has ruled. The National Federation of the Blind sued Epic, a healthcare software company, claiming that its software is inaccessible to blind users, in violation of Massachusetts law. Specifically, a Brigham and Women’s Hospital employee was twice placed on paid leave while the employer worked to make its system accessible…

Fairfield Hotel Reaches Settlement After ADA Complaint

February 4, 2020 | Source: Patch& The Hour

The U.S. Attorney’s Office has reached a settlement with the Circle Hotel in Fairfield to resolve allegations that the hotel was not in compliance with the Americans with Disabilities Act, according to a news release from the U.S. Department of Justice. The settlement resolves an ADA complaint filed by a person with disabilities alleging that the Circle Hotel was not accessible. The hotel is in the process of making the changes required by the settlement, including designing and constructing accessible guest rooms, an accessible route to the new rooms, and a new accessible restroom in the lobby…

Online Accessibility Legal News Recap (2019)

February 3, 2020 | Source: Microassist- Mealey’s Litigation Report: Cyber Tech & E-Commerce

2019 continued the upward trend of recent years by surpassing the number of digital accessibility lawsuits in 2018 by about 7 percent. What is the reason behind this continuing increase? As technology and artificial intelligence become more embedded in the world around us, the need for inclusion in such technologies becomes more apparent. The Americans with Disabilities Act (ADA) was enacted long before the concern of web accessibility, in fact, 2020 marks the 30th anniversary of the law’s signing…

Federal judge dismisses disability lawsuit against Epic

February 3, 2020 | Source: Modern Healthcare

A federal judge on Friday granted Epic Systems Corp.’s motion to dismiss a lawsuit filed early last year, which alleged that blind hospital employees can’t use the company’s software. The National Federation of the Blind sued Epic in U.S. District Court in Massachusetts, arguing that the company violated the Massachusetts Fair Employment Practices Act, a law that’s designed to protect employees from discrimination. The advocacy group argued that by selling and licensing electronic health records software that’s inaccessible to blind employees, Epic interfered with those employees’ ability to work in the healthcare industry…

Disability advocates pleased with settlement over accessibility violations at NDSU arena

January 29, 2020 | Source: INFORUM

NDSU arena among multiple local violators of federal disability rights law

February 1, 2020 | Source: INFORUM

Local disability advocates are applauding a federal settlement concerning accessibility complaints at North Dakota State University’s premier multi-sport arena, but wish it wasn’t needed in the first place. U.S. Attorney Drew Wrigley announced on January 29^th that his office reached an agreement with NDSU over violations of the Americans with Disabilities Act, or ADA, at the Sanford Health Athletic Complex. “It’s not a hostile takeover of their facilities, but it is an insistence upon compliance with this important civil rights legislation,” said Wrigley…

January 2020

Online Accessibility Legal News Recap for 2019

January 2020 Source | Mealey’s Litigation Report : Cyber Tech & E-Commerce

A review of legal activity in 2019 encompasses businesses from big to small, marketplaces both online and physical, as well as corporations, universities and government entities. Whether driven by compliance, risk mitigation or broadening market reach and customer engagement, these legal cases making headlines in 2019 reinforce the importance for organizations to consider their digital accessibility strategy and obligations to the disabled community.

Adapted post and full report

Lawsuits claim motels’ websites violate disabilities laws

January 31, 2020 | Source: Record Searchlight

Two Redding motels have been sued by a Fresno man who claims their websites violate the Americans with Disabilities Act. George Avalos’ lawsuits say the websites for the Stardust Motel and the Thunderbird Lodge, both in downtown Redding, don’t provide enough information to determine what amenities their motels provide for people with disabilities. Avalos “required information about the features of the accessible rooms and the hotel to independently make a reservation…

Haro Bicycle and plaintiff agree to settle class-action lawsuit over website

January 28, 2020 | Source: Bicycle Retailer

Haro Bicycle and a New York man have agreed to settle the man’s lawsuit over the bike company’s website. Valentin Reid, who is legally blind, had charged that Haro violated the American Disabilities Act, saying one of its websites, ridedelsol.com, was not accessible to the blind. Reid was the lead plaintiff in the class action lawsuit filed in October against Haro in the U.S. District Court for the Southern District of New York. Court filings show both sides have agreed to ask the court to dismiss the case permanently. The judge has not approved the dismissal request…

U.S. Attorney and NDSU reach settlement over complaints about seating for people with disabilities at the SHAC

January 29, 2020 | Source: Inforum

A settlement has been reached over violations of federal anti-discrimination law at North Dakota State University’s premiere multi-sport arena. U.S. Attorney Drew Wrigley announced on Wednesday, Jan. 29, that his office had entered a settlement agreement with NDSU over accessibility complaints at the Sanford Health Athletic Complex, known as the SHAC. Complaints alleged the facility’s design features violate the Americans with Disabilities Act of 1990, or ADA — landmark civil rights legislation that prohibits discrimination based on disability…

‘Burdens of discovery’ bog down NYC subway accessibility lawsuit

January 28, 2020 | Source: amNY

Advocates Rally to Make NYC Public Transit Accessible

January 28, 2020 | Source: NBC New York

For three years, the Center for the Independence of the Disabled (CIDNY) and the MTA have been going back and forth to court over a lawsuit regarding full accessibility at all New York City subway stations. The latest chapter of the battle was written in Manhattan Supreme Court on Tuesday, with a discovery hearing that demonstrated some of the intricate legal hurdles that have slowed the case’s progress. The MTA wants the CIDNY to provide emails based on 50 keywords from their clients about how the use the subway…

GSA Publishes Web Standards for Year-Old Digital Services Law

January 22, 2020 | Source: Nextgov & Federal Times & Federal News Network

The website design standards pull together existing guidance for complying with the 21st Century IDEA Act, which requires all digital services to have a base level of quality and accessibility. A year after passage of a law requiring federal agencies to improve the quality and accessibility of digital services, the General Services Administration on Wednesday released a set of website design standards agencies across government can use to meet that mandate…

North Dakota lawmakers move to start fixing accessibility issues at Capitol

January 22, 2020 | Source: Bismarck Tribune

Spaces throughout North Dakota’s Capitol don’t comply with requirements of the Americans with Disabilities Act, which one state lawmaker called “a bit embarrassing” during a Wednesday meeting that also included complaints from the public. Architect James Devine, of J2 Studio Architecture + Design in Bismarck, presented a 22-page report on Wednesday to the Legislature’s interim Government Administration Committee outlining the accessibility issues on the Capitol’s ground and first floors, including the House and Senate chambers, the Judicial Wing, restrooms and meeting rooms…

Lawsuit claims Sevierville businesses aren’t wheelchair friendly

January 18, 2020 | Source: Kingsport Times News

A North Carolina woman is suing four businesses in the Pigeon Forge/Sevierville area, including the Wilderness at the Smokies resort, claiming each one is violating the Americans with Disabilities Act in multiple ways. Rhonda Asher filed the lawsuit in U.S. District Court in Knoxville this month. Named as defendants are Nino’s Pizzeria and Eatery, Flapjack’s Pancake Cabin, Smokey Mountain Knife Works, and the Wilderness at the Smokies resort. Asher claims she was denied “full, safe and equal access” to each of these businesses due to various barriers found within the buildings and on the properties…

Deaf man sues Pornhub over lack of closed captions

January 17, 2020 | Source: ABC News & The News Pocket

A deaf man has sued Pornhub and other adult websites because he said he “cannot enjoy video content” without closed captioning. The lawsuit alleges that Pornhub, RedTube and YouPorn are in violation of the 1990 Americans with Disabilities Act. Part of the ADA’s goal is to provide “full and equal enjoyment” of a public accommodation’s goods, services, facilities and privileges, according to the lawsuit, according to the lawsuit filed Thursday in the Eastern District of New York…

Staten Island Family Court Struggles With Disability Act Compliance

January 13, 2020 | Source: The City

For those seeking justice in Staten Island’s cramped Family Court, the decade closed as it began: with unfulfilled promises of a new home that would be accessible to all. The nearly century-old, two-story courthouse on Richmond Terrace has no elevator, making it nearly impossible for anyone who can’t climb stairs to reach courtrooms on the upper floor. People with mobility issues are often relegated to makeshift “courtrooms” in a parking lot trailer that’s been in use since 2010…

Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws…

January 9, 2020 | Source: The National Law Review

Websites play a vital role for organizations. They facilitate communication with consumers, constituents, patients, employees, and the general public. They project an organization’s image and promote goodwill, provide information about products and services and allow for their purchase. Websites also inform investors about performance, enable job seekers to view and apply for open positions, and accept questions and comments from visitors to the site or app, among many other activities and functionalities…

New York Federal Court Limits Accessibility Litigation By Strictly Construing the Standing Requirement

January 8, 2020 | Source: Hunton Andrews Kurth

Could the onslaught of anticipated accessibility litigation surrounding Braille Gift Cards in 2020 be limited by a strict construction of the ADA Title III standing requirement? Maybe so. The cottage industry of accessibility litigation in New York was recently dealt a blow when the Eastern District of New York dismissed a serial plaintiff’s class action accessibility complaint by strictly construing the standing requirement and finding that the court lacked subject matter jurisdiction…

ADA Title III Litigation: A 2019 Review And Hot Trends For 2020

January 6, 2020 | Source: Seyfarth Shaw

ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. We are still tallying up the end-of-year numbers, but the number of ADA Title III lawsuits filed in federal courts by the end of November 2019 (10,206) exceeded the number of such lawsuits filed in all of 2018 (10,163). California courts continue to be the busiest with roughly 43% of the lawsuits, with New York and Florida courts taking second and third place with 24% and 18% of the market share, respectively…

AITN Legal Edition: 2019 Archives

December 2019

Fair fares is unfair for disabled New Yorkers, lawyers say

December 30, 2019 | Source: Queens Daily Eagle

A group of lawyers say the city’s new half-priced transit fare initiative is unfair for New Yorkers with disabilities. Attorneys from the New York Lawyers for the Public Interest have criticized the city for excluding Access-A-Ride from the Fair Fares program, which halves the price of subway and bus rides for low-income New Yorkers. Open enrollment in the Fair Fares program will begin on Jan. 27, 2020. New Yorkers who are living at or below the federal poverty level and who don’t already receive discounted transportation from the MTA or the city will be able to apply for reduced-fare MetroCards via an online platform…

Josephine County ADA park lawsuit settle

December 24, 2019 | Source: Mail Tribune

A wheelchair-bound man who claimed he spent five days at a Josephine County park unable to use its restroom or showers has settled his lawsuit with the county. Richard Wagner of Ohio, a paraplegic who claimed he had to leave Schroeder Park in Grants Pass in order to use the restroom or sponge bathe during a September 2016 family outing, agreed to drop his lawsuit against Josephine County in exchange for a cash settlement and the county’s pledge to hire an Americans with Disabilities Act coordinator at multiple county parks, according to a Dec. 20 filing in U.S. District Court in Medford…

Special software can help the blind access the internet, but not every website supports it. A wave of lawsuits is pushing to change that

December 20, 2019 | Source: Chicago Tribune

Jose Martinez has been thwarted when buying concert tickets online. He changed banks after finding his financial institution’s mobile app wouldn’t work for him. Sometimes, when he can’t finalize a purchase on an e-commerce site, he simply takes his business elsewhere. Martinez, 37, is legally blind. The West Loop resident uses screen-reading software on his computer that converts text into descriptive speech, a technology that has made it possible for him to live independently…

Newtown restaurant settles ADA complaint

December 17, 2019 | Source: Danbury News Times & Daily Voice

A Newtown restaurant has agreed to provide accessible dining tables throughout the establishment as part of a settlement with the U.S Attorney’s Office in Connecticut, officials said Tuesday. The office announced the agreement with Market Place Kitchen & Bar in Newtown and its landlord, Mesa Contractors, to resolve allegations that the eatery and its premises did not comply with the Americans with Disabilities Act of 1990. An individual with disabilities filed a complaint alleging that the Market Place was not fully accessible for individuals with physical disabilities…

Compliance warning on ADA laws as tire dealers sued

December 17, 2019 | Source: Traction News

Tire dealers across the US are being targeted for lawsuits under the federal Americans with Disabilities Act and must take action to make their websites compliant immediately, experts warn. Traction News understands that tire dealers have been targeted with claims for tens of thousands of dollars from lawyers acting on behalf of legally blind clients, demanding they settle or face court proceedings likely to cost hundreds of thousands of dollars…

A tweet gave a journalist a seizure. His case brings new meaning to the idea of ‘online assault.’

December 16, 2019 | Source: The Washington Post

Kurt Eichenwald sat down at the desk in his Dallas home office and logged onto Twitter. The prominent journalist and author was used to Internet invective — especially then, in the weeks after he posted a particularly inflammatory tweet about President Trump. More than 170 notifications awaited him when he signed on that evening, Dec. 15, 2016. But he didn’t make it past the first one: A GIF that strobed violently across his computer screen, flashing a red, yellow and blue geometric pattern behind the words “YOU DESERVE A SEIZURE FOR YOUR POSTS.”…

DOJ investigating allegations of ‘sexual arousal studies’ at Iowa facility for people with disabilities

December 12, 2019 | Source: Des Moines Register

The federal government is investigating allegations of “sexual arousal studies” and other human subject experiments being conducted at a state institution where people with severe intellectual disabilities receive care, according to the Iowa Department of Human Services. Matt Highland, spokesman at the state agency, told the Des Moines Register that part of a U.S. Department of Justice investigation into the Glenwood Resource Center is related to such studies. He declined to specify more about what that means…

Everything Restaurants Need to Know About ADA Compliance

December 11, 2019 | Source: QSR Magazine

The number of Americans living with disabilities is larger than many think. The Census Bureau reports that more than one in 10 of us—12.7 percent—have a disability that impacts major life activities. The Centers for Disease Control and Prevention puts the number at one in four U.S. adults, or 61 million people. This demographic makes up a sizable group of existing and potential restaurant customers. “People with disabilities are sometimes your most loyal customers,” says Shawn Pike, vice president at User1st, which provides Americans with Disabilities Act (ADA) website accessibility services. “There’s an opportunity there.”…

Businesses struggle to comply with unclear ADA website requirements

December 11, 2019 | Source: Orange County Register

With a number of new landmark laws going into effect January 1, California’s businesses face heavier burdens than ever before. Businesses, both small and large, are struggling to comply with policies such as the California Consumer Privacy Act and Assembly Bill 5, the codification of the California Supreme Court’s Dynamex decision. Yet another issue looming large for business owners is a resurgence of shakedown lawsuits under the Americans with Disabilities Act (ADA) lawsuits – this time over website violations…

New York State is still a top ‘judicial Hellhole,’ report finds

December 10, 2019 | Source: New York Post & Seyfarth Shaw

New York State is holding steady as the nation’s third worst “judicial hellhole,” according to a new watchdog report. The Big Apple’s rotten rank stems from serial plaintiffs and lawyers taking advantage of a lack of reform addressing litigation abuse — despite earning the same ranking last year, the report from the American Tort Reform Foundation said. Across the state, courts are clogged with lawsuits exploiting the Americans with Disabilities Act and capricious class-action lawsuits aimed at the food and beverage industries, ATRF claimed…

Florida breached agreement to accommodate inmates with disabilities, lawsuit says

December 5, 2019 | Source: Miami Herald

Lawsuit: Maryland prisons discriminated against disabled inmates, threatened retaliation for filing grievances

December 10, 2019 | Source: Baltimore Sun

It’s been about two years since Florida and Disability Rights Florida, a statewide advocacy group, reached a settlement that was meant to improve conditions for inmates with disabilities. But the group says the state has failed to comply with the 2017 agreement by not providing interpreters for inmates who are deaf or hard of hearing, confiscating mobility devices from inmates who need them to get around and not providing white canes for inmates who are blind, among other issues…

Eviction case highlights accessibility, repair issues at Nevin Plaza

December 9, 2019 | Source: Richmond Confidential

On March 10, 2019, Michael Lewis came home to a notice on his apartment door telling him to vacate the unit where he’d lived for three years at Richmond’s Nevin Plaza housing project. The notice followed 12 months during which Lewis hadn’t paid his rent due to what he and his lawyer charge were uninhabitable living conditions in an inaccessible upper floor unit, added to the expense of getting a new $2,400 wheelchair that he needs to get around…

Feds examining whether Wrigley Field renovations comply with ADA

December 6, 2019 | Source: Chicago Sun Times & Chicago Tribune & Your Valley & Ballpark Digest & Curbed

Federal authorities have begun an investigation to determine whether the Chicago Cubs’ years-long renovation of Wrigley Field complies with the Americans with Disabilities Act, court records show. Though the Cubs’ attorneys say they “welcome” the investigation, they also say it will delay the installation of additional accessible seating ahead of the 2020 season. Lawyers for the Cubs disclosed the investigation in a letter filed Thursday with U.S. District Judge Jorge Alonso, who is presiding over a lawsuit brought by David Felimon Cerda, a Cubs fan with Duchenne muscular dystrophy who uses a wheelchair…

Feds settle lawsuit with Galveston apartment owners over disability access requirements

December 4, 2019 | Source: Houston Chronicle

The federal government settled a lawsuit Wednesday with a Galveston apartment complex owner and site engineer alleging that they had broken the law by designing an addition that didn’t meet requirements for accessibility to people with disabilities. The Justice Department filed the suit in February against TFT Galveston Portfolio LTD, the owners of the Seasons Resort, an apartment complex on Seawall Boulevard, and James Gartrell Jr., a Texas City-based engineer…

November 2019

Settlement Reached in Suit Over Video Captioning at Harvard

November 27, 2019 | Source: NBC10 & NAD & Forbes & Harvard Crimson & IBL & Campus Technology & (PDF)

Harvard University agreed to make its website and online courses friendlier to those who are deaf or hard of hearing as part of a settlement announced Wednesday in a federal lawsuit. The suit, filed in 2015 by the National Association of the Deaf, alleged that many of Harvard’s online videos, courses and podcasts did not include captions or were inaccurately transcribed. By offering the content to the public without captions, the suit alleged, Harvard was violating federal civil rights laws protecting those with disabilities…

RICO suit against disability law firm settled

November 26, 2019 | Source: Mountain View Voice

A settlement has been reached in a lawsuit against a San Jose law firm notorious for filing thousands of disability lawsuits against small businesses. As of Oct. 20, all parties notified a federal judge that they had agreed to a settlement deal before the case was scheduled to go to trial. The rush to settle the case came as the defendants, accused of running a criminal enterprise, were being ordered by the court to produce more than 70,000 emails, text messages and other documents relevant to the case…

Hunters Point Library hit with lawsuit over accessibility issues

November 26, 2019 | Source: Curbed NY & The Architect’s Newspaper & Fox5

Disability rights advocates have filed a class-action lawsuit arguing that the brand new Hunters Point Library in Queens prevents people with mobility issues from “full and equal access” to the branch. The lawsuit, filed in Brooklyn federal court by the Center for Independence of the Disabled New York (CIDNY), argues that the Steven Holl Architects-designed library violates the Americans with Disabilities Act (ADA)…

Counties, cities face lawsuits to make websites compliant with Americans with Disabilities Act

November 22, 2019 | Source: Florida Today

Last year, the Brevard County attorney’s office received a pair of lawsuits, claiming that the county was violating the Americans with Disabilities Act. The reason? Its website was not fully accessible to people who are blind.

Versions of those lawsuits are familiar to government attorneys around Florida. Hundreds have been filed around the state against counties, cities, towns, school districts and other entities. Often, they come with little notice, and take governments to court without first giving them a chance to fix the problem before the legal action begins…

U.S. attorney’s office resolves ADA compliance review of Mcity driverless shuttle program

November 21, 2019 | Source: The Michigan Daily

The Americans with Disabilities Compliance Review of the University of Michigan’s Mcity Driverless Shuttle Program has been resolved “amicably,” the United States Attorney’s Office for the Eastern District of Michigan announced today. The Office, a part of the Department of Justice, initiated the review after seeing media reports of the program showing “vehicles inaccessible to individuals with disabilities, especially those with mobility impairments.” …

Websites, Apps, Accessibility, and Extraterritoriality Under Title III of the Americans with Disabilities Act

November 21, 2019 | Source: Georgetown Law Journal (PDF) |

The federal courts are currently split as to whether websites qualify as “places of public accommodation” under Title III of the Americans with Disabilities Act. Neither side of the split, however, offers a satisfactory interpretation of Title III, especially because both sides fail to consider the potential extraterritorial implications of applying Title III to websites. This Note proposes to head off the inevitable extraterritoriality issue, and resolves the Title III split by establishing a bright-line rule: data centers—not websites or apps—are places of public accommodation under Title III of the ADA…

Lawsuits Target Restaurants for Failing to Offer Braille Gift Cards

November 20, 2019 | Source: Yahoo & The National Law Review & Pepper Hamilton |

Of course, it’s in a restaurant’s best interest to accommodate all potential customers, including and especially those with accessibility issues. But a new series of lawsuits highlights yet another way many restaurants and other businesses are leaving the visually impaired behind: gift cards. Most gift cards don’t include braille or even any distinguishing characteristics whatsoever. That has led to a growing number of restaurant chains having been sued in the past month for allegedly violating the Americans with Disabilities Act (ADA) because they do not offer braille versions of their gift cards, according to Restaurant Business…

Blind Intelligence Analyst Sues FBI and Department of Justice

November 19, 2019 | Source: National Federation of the Blind |

Joe Orozco, a blind intelligence analyst with the Federal Bureau of Investigation since 2012, is suing the FBI and the United States Department of Justice for violating his civil rights under Section 508 of the Rehabilitation Act of 1973, as amended. The lawsuit alleges that technology Mr. Orozco is required to use in his job, some of which is proprietary, is inaccessible to him and to other blind employees, and that the FBI has offered no alternative means for him to access the information, data, and services available through this technology…

Uber discriminated against blind woman with dog, panel rules

November 19, 2019 | Source: ABC News |

A panel in Maine has ruled that Uber discriminated against a blind woman when a driver refused to give her a ride because she was traveling with her guide dog. The Portland Press Herald reports the Maine Human Rights Commission voted Monday that Uber discriminated against Patricia Sarchi because of her visual impairment. The report says a manicurist ordered an Uber for Sarchi after an appointment in January 2017. The driver told Sarchi he could not give her a ride because she had her guide dog…

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA Title III Case

November 18, 2019 | Source: Epstein Becker & Green |

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to recent a decision issued by a federal judge in the U.S. District Court of the Eastern District of New York (“EDNY”), some may believe that “Christmas came early.” Last week, EBG achieved an impressive victory, obtaining a complete dismissal of a serial plaintiff’s class action complaint in the case Castillo v. The John Gore Organization…

LIC Luxury Tower Leaves Behind People with Disabilities, Lawsuit Alleges

November 18, 2019 | Source: The City |

A Long Island City luxury tower topped by a rooftop sky lounge is a monument to disability discrimination, a federal lawsuit alleges. The Fair Housing Justice Center contends the developers, architects and owner of The Forge, a 272-unit Queens rental building, “openly ignored their legal obligations” and denied equal housing opportunities to New Yorkers with disabilities. Relying in part on an investigation by testers who posed as a couple seeking an apartment for a relative who uses a wheelchair, the nonprofit Fair Housing Justice Center alleges a litany of failures to comply with local, state and federal fair housing laws…

Accessibility Law Backfires As Agencies Take Down Web Pages

November 14, 2019 | Source: Governing |

A state law intended to increase accessibility to public records online has had exactly the opposite effect. California departments and agencies are taking down documents because they can’t make them accessible to people with disabilities, at least not quickly and affordably. Government committed to transparency must do better. Things started innocuously enough. In 2015, the state auditor issued a report on how well people with disabilities could access information on state websites. It was far from glowing…

Uber Must Face Court Challenge Over Wheelchair Accessibility

November 13, 2019 | Source: Bloomberg Law

Uber must face a proposed class suit alleging it discriminates against riders who need wheelchair-accessible vehicles, a federal district court said, denying Uber’s motion to compel arbitration. A group of Pennsylvania residents and an advocacy group aren’t bound by the arbitration provision in Uber’s terms of use because they didn’t download the Uber rider app, the U.S. District Court for the Western District of Pennsylvania said. The court also rejected Uber Technologies Inc.’s argument that the plaintiffs still can’t proceed in court because their claims are entwined with Uber’s contract terms, including the arbitration provision…

Move Over Website Accessibility Suits, Cases Over Braille Gift Cards are Making Their Way to Courts En Masse

November 13, 2019 | Source: The Fashion Law & Manatt

Fenty Beauty engaged in “intentional discrimination” by “making it impossible” for visually impaired customers to “properly and fully utilize its [e-commerce] website.” That is what plaintiff Beatriz Gutierrez asserted in the lawsuit that she filed against Rihanna and LVMH’s beauty brand this summer, adding them to the long – and still growing – list of brands and retailers that have been hit with lawsuit accusing them of running afoul of federal law, namely, the Americans with Disabilities Act (“ADA”), and/or state civil rights law for failing to make their websites available to all…

Settlement Reached In Deaf Group’s Website Accessibility Suit Against Harvard

November 12, 2019 | Source: Lexis Legal News- Mealey’s (Subscription)

In a Nov. 8 electronic order, a Massachusetts federal magistrate judge reported that a deaf civil rights group and Harvard University have successfully settled putative class claims over the purported inaccessibility of the university’s website to the hearing-impaired (National Association of the Deaf, et al. v. Harvard University, et al., No. 3:15-cv-30023.) In February 2015, National Association of the Deaf and four of its members (NAD, collectively) filed simultaneous lawsuits against Harvard and Massachusetts Institute of Technology (MIT) in the U.S. District Court for the District of Massachusetts, asserting that the schools’ websites are not equally accessible to Americans who are deaf or hard of hearing…

ADA lawsuits prompt dealerships to make websites more accessible

November 9, 2019 | Source: Automotive News

Unclear ADA compliance rules on websites flummox dealer

November 11, 2019 | Source: Automotive News

In May, Juan Carlos Gil, a legally blind Florida resident, sued about 50 AutoNation Inc. dealerships in Florida. Gil claimed he couldn’t access their websites using his screen-reader software — a violation of the federal Americans with Disabilities Act, the landmark 1990 law that requires places of public accommodation to be fully accessible. His lawsuit sought to compel AutoNation, the largest new-vehicle retailer in the country, to make its websites compliant…

External report evaluates College’s accessibility policy following lawsuit

November 8, 2019 | Source: The Dartmouth & The Union Leader

Following a lawsuit filed by an alumna, Dartmouth has participated in an external review of Americans with Disabilities Act infrastructure on campus and has implemented several changes to improve accessibility at the College.

Staci Mannella ’18, who has a visual impairment, filed a disability discrimination suit against the College in 2017 claiming that Dartmouth had failed to adequately accommodate her disability. The U.S. District Court of New Hampshire issued a consent decree last December, prompting an accessibility assessment of Dartmouth’s programs and facilities that was completed this October…

Agencies flout spirit of open records law

November 7, 2019 | Source: Orange County Register

Whenever legislators propose a law, analysts review the arguments for and against the measure. Appropriations committee staffers determine any possible financial consequences of the bill. These reports are always useful and usually thorough, but there’s one thing they often overlook: the likely unintended consequences of any new proposal. If state officials considered such potentialities, Californians might not be saddled with the effects of a well-intentioned 2017 law designed to make public records accessible to Californians with disabilities by this year…

Discrimination Lawsuit Against Bridgeport Housing Authority Resolved By Justice Department

November 7, 2019 Source | Daily Voice

The Justice Department announced that the Housing Authority (HACB), doing business as Park City Communities, has settled after complaints that they violated the Americans with Disabilities Act, the Rehabilitation Act and the Fair Housing Act. The agreement filed this week in U.S. District Court, requires HACB to institute broad reforms to safeguard the rights of individuals with disabilities, including revising its policies and processes for handling reasonable accommodation requests and developing an inventory of accessible units for tenants with mobility, vision, and hearing-related disabilities…

Federal Website Access Lawsuit Numbers Increase 7% in 2019, With Possible Bump from Supreme Court Denial of Cert in Domino’s

November 1, 2019 Source | Seyfarth Shaw

Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s Order in Robles v. Domino’s? As of June 30, 2019, we counted 1204 website accessibility lawsuits filed in federal courts since January 1, 2019, for a projected total of 2408 by year end. This would constitute a seven percent increase over 2018’s numbers…

October 2019

Blind Employee Sues Beacon Health Options

October 31, 2019 Source | National Federation of the Blind

Amy Ruell, a blind licensed independent clinical social worker, is suing her employer, Beacon Health Options, because inaccessible software and online resources that it uses prevent her from doing critical parts of her job independently. Among other things, Ms. Ruell cannot fully participate in mandatory job trainings (although she is still tested on their content despite that fact), access patients’ clinical records in order to make accurate assessments and recommendations, or participate in virtual conferences with colleagues, the lawsuit says…

Several First-Of-Their-Kind Lawsuits Filed Alleging That Merchants’ Failure to Sell Gift Cards with Braille Violates the ADA

October 28, 2019 | Source: Blank Rome & Top Class Action Suits & Womble Bond Dickinson & Bryan Cave & Barnes & Thornburg & Frankfurt Kurnit Klein & Selz

An enterprising plaintiffs’ lawyer has recently advanced a new theory of claim against retailers, restaurants, and other merchants for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). Eight novel lawsuits filed in the U.S. District Court for the Southern District of New York allege the businesses’ failure to emboss gift cards with Braille is a barrier to blind and visually impaired individuals’ enjoyment of the services and privileges of the establishments…

More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead

October 24, 2019 | Source: Rumberger Kirk & Caldwell |

The U.S. Court of Appeals for the Ninth Circuit earlier this year in Robles v. Domino’s Pizza LLC, became the first circuit to expressly extend Title III of the Americans with Disabilities Act to mobile applications.[1] Among other things, Robles alleged in his complaint that, in addition to the website, he tried multiple times to order customized pizzas on the company’s mobile app, but that he “was unable to place his order due to accessibility barriers of unlabeled buttons that do not conform to Apple Inc.’s iOS accessibility guidelines.”…

LSAT to be made more accessible for visually impaired students after lawsuit

October 23, 2019 | Source: Daily Bruin

The analytical reasoning portion of the Law School Admission Test will be redesigned following a recent settlement with a legally blind test taker. Angelo Binno, who is legally blind, filed a lawsuit against the Law School Admission Council in May 2017 after the organization denied his request to skip the Analytical Reasoning section of the LSAT, according to a press release from Nyman Turkish PC, the law firm representing Binno. Following an Oct. 7 settlement with Binno, the LSAC will be looking for a new, more accessible way of assessing analytical reasoning…

Lawyer weighs-in on obese ‘serial filer’

October 19, 2019 | Source: Mail Tribune

Local businesses aren’t helpless against Jose Velez, a Florida man who’s filed numerous Americans with Disabilities Act lawsuits against businesses across the country, including three restaurants in Medford, according to a Southern California lawyer who beat Velez at his own game last year. But businesses can’t overlook the same disability laws that “serial filers” such as Velez capitalize on, says Ara Sahelian, a wheelchair-bound lawyer whose practice in Laguna Hills, California, specializes in defending businesses in ADA lawsuits…

She’s filed over 2400 civil rights complaints, including one at UO. We asked her why.

October 17, 2019 | Source: Oregon Daily Emerald

In 2017, disability rights activist Marcie Lipsitt filed a civil rights complaint with the U.S. Department of Education against the University of Oregon, alleging that several of UO’s webpages are not accessible to people with disabilities. She estimates that she’s filed around 2,400 civil rights complaints to the department’s Office for Civil Rights, some from her couch on her iPad. (In one instance, she crashed the Notes app on her iPad and had to get it fixed at an Apple store.) Sometimes, the websites of these schools might not have pictures with alt-text that describes what’s in the image, Lipsitt tells the Emerald…

Fast Food Restaurants Face Lawsuits Over Drive-Thru Accessibility

October 16, 2019 | Source: Food & Wine

Last month, James Privette and Shaunte Jones filed a class action lawsuit against Taco Bell, alleging that the fast food chain violates the Americans with Disabilities Act (ADA) when its restaurants close their lobbies and only allow late-night orders to be placed through the drive-thru windows. In their complaint, which was filed in a California federal district court, the two plaintiffs state that Taco Bell’s drive-thrus “lack any meaningful accommodation” for visually impaired customers who cannot drive…

Egregious ADA-Litigation Scheme Highlights Need For Clarity On Law’s Application Online

October 15, 2019 | Source: Forbes

On the first day of the October Term 2019, the U.S. Supreme Court denied a Domino’s Pizza petition asking it resolve a split among the federal circuits over whether websites are “places of public accommodation” under the Americans with Disabilities Act (ADA). Even though the statute predates the Internet and contemplates only physical structures when prescribing private entities’ duties, the Ninth Circuit held that Domino’s failure to make its website “accessible” to a visually-impaired Californian violated the ADA…

Digitization primes restaurants for growth — and ADA lawsuits

October 14, 2019 | Source: Restaurant Dive

According to figures from the CDC, 26% of the United States population identifies with having a disability. That’s 61 million people who may need additional accommodations to enjoy a nice meal out. As a restauranteur, you hope to provide a great experience for everyone who patronizes your establishment. But then the question arises, how does one accomplish this? There are, of course, physical requirements for the building exterior and interior to be wheelchair accessible…

Online bookstores can be sued if they are not accessible for blind people

October 10, 2019 | Source: Good E-Reader

The US supreme court has passed a ruling that online retailers can be sued if their websites are not optimized for blind people. This is due to a lawsuit filed by a blind user against Domino’s Pizza and the justices turned down an appeal from Domino’s and let stand a U.S. 9th Circuit Court of Appeals ruling holding that the Americans With Disabilities Act protects access not just to restaurants and stores but also to the websites and apps of those businesses. If an online bookstore has both a physical location and a online website, and are based in the United States, they can now be sued…

The SCOTUS Decision On Robles v. Domino’s Case Could Have a Domino Effect For Other Corporations

October 7, 2019 | Source: Microassist |

The widely anticipated decision from the US Supreme Court regarding the Ninth Circuit’s Robles v. Domino’s case was announced on October 7, 2019. The Supreme Court denied a petition from pizza giant Domino’s on Monday to hear whether its website is required to be accessible to the disabled, leaving in place a lower court decision against the company. The case was originally brought by a blind man named Guillermo Robles, who sued the pizza chain after he was unable to order food on Domino’s website and mobile app despite using screen-reading software. The decision not to grant the case is a loss for the company and a win for disability advocates, who have argued that, if businesses do not have to maintain accessible sites, disabled people could be effectively shut out of substantial portions of the economy. The decision serves up a strong message to Domino’s and other corporations with an online presence. The ripple effect will most likely be felt by other US corporations with more plaintiff lawsuit filings for Title III ADA website violations.

A Fresh Look At An Old New Law: The Americans With Disabilities Act

October 7, 2019 | Source: Forbes |

The 30th anniversary of the Americans with Disabilities Act is less than a year away. The landmark civil rights law for people with disabilities was signed into law by President George H. W. Bush on July 26, 1990, amid pride and high hopes in the disability community, and businesses’ misgivings about what they worried would be a well-meaning but vague and costly law. Since then, ADA anniversaries have become a kind of national holiday for the disability community. It’s a popular time of year for disability organizations to hold major public events, for editorial pages to reaffirm basic fairness towards disabled people…

Winery websites at the heart of lawsuits over ADA compliance online

October 5, 2019 | Source: Napa Valley Register |

As e-commerce booms, a winery’s website might be expected to provide a virtual experience that mirrors an in-person one – and now that applies to installing ADA compliant features. Passed in 1990, the ADA, or the Americans with Disabilities Act, guarantees equal opportunity to individuals with disabilities across different facets of public life. In the last two years, ADA compliance as it relates to online spaces has increasingly gained attention. It’s begun to apply to businesses across the board, wineries included…

Man with Autism Files Federal Lawsuit Against Disney Regarding Disability Policies

October 3, 2019 | Source: WDW News Today |

A man with autism is suing Disney for its disability access policy. The issue has been in legal battle for five years, but now the case has a court date to go ahead to trial on February 18, 2020. Before 2014, guests with disabilities, including autism, were allowed to enter attractions with their entire group via a handwritten card. The most common use of the card was for alternate entrances. While sometimes these alternate entrances were just the FASTPASS queue (hence people calling it “front-of-the-line access” despite often having up to 20 minute waits), guests unable to use stairs or who needed a special ride vehicle were often sent to a different load area..

New York Judge Criticizes Plaintiff’s ADA Firm For Refusing to Discuss Early Settlement and Engaging in Fee-Churning Litigation Tactics

October 2, 2019 | Source: Seyfarth Shaw |

Businesses are defending record numbers of ADA Title III cases every year. A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted litigation than settlement. The number of ADA Title III lawsuits filed annually has increased more than 300 percent in the last five years. Government officials and a few judges dealing with burgeoning caseloads have taken steps to reign in abuses…

September 2019

Airbnb, ADA are on a collision course

September 27, 2019 | Source: Barnstable Patriot |

You never know when you’ll come to love the Americans With Disabilities Act (ADA). For me, it was just over five years ago, when I became a wheelchair-using paraplegic. Also, when my 85-year-old mother used a wheelchair before and after her hip replacement. And again when my 7-year-old’s friend broke a leg skiing and had to use a chair for a while. You just never know, do you? The ADA guarantees people with disabilities the same opportunities as everyone else to participate in the mainstream of American life. Any entity open to the public is a public accommodation and has to remove barriers that keep me out…

County to upgrade parking deck after ADA lawsuit

September 23, 2019 | Source: Akron Beacon Journal |

The county will pay an Akron man $15,000 and make improvements to the county parking deck after he sued the county over the deck’s accessibility. Summit County Council on Monday passed a resolution authorizing the county executive to execute the settlement agreement with Spencer Neal of Akron, who has spina bifida, a birth defect that occurs when the spine and spinal cord don’t form properly. He uses a wheelchair, as he is paralyzed from the waist down, according to the lawsuit…

Group Files Lawsuit Against City Over Lack Of Accessible Crosswalk Signals

September 23, 2019 | Source: CBS and Disability Rights Advocates and SmartCitiesWorld and Curbed |

Chicago is still far behind other cities when it comes to audible crosswalk signals for the blind, as CBS 2 first reported last year. But one group isn’t waiting any longer for the city to install more. They’re taking action. The American Council of the Blind of Metropolitan Chicago and three individuals filed a class action lawsuit Monday, alleging the city is violating federal law by not having proper signals to help the blind cross the street. Chicago’s lack of the signals forces blind pedestrians to ask others when it’s safe to walk…

HUD Charges Georgia Company with Discrimination

September 22, 2019 | Source: AllOnGeorgia |

The U.S. Department of Housing and Urban Development announced today that it is charging housing professionals based in New York, Pennsylvania and Georgia with discrimination for failing to design and construct the 40-unit North 8 Condominium development in Brooklyn, New York, in accordance with the accessibility requirements of the Fair Housing Act. Named as respondents by HUD’s charge are Toll Brothers, Inc.; Toll Land XIII Limited Partner; Lendlease (US) Construction LMB, Inc; Greenberg Farrow Architecture, Inc.; and 51 North 8th Street LP…

Beyoncé Was Sued Over Her Website Violating the Americans With Disabilities Act. And You Could Be Too

September 21, 2019 | Source: Fortune |

In January 2019, Beyoncé Knowles’ company, Parkwood Entertainment, became the defendant in a class-action lawsuit alleging that it violated the Americans with Disabilities Act (ADA). The suit, filed by a blind woman from New York, claimed that the company’s website, Beyonce.com, did not provide accommodation for people with significant vision impairments, leaving an estimated 2 million blind people and others with vision impairments unable to access the primary portal for news about all things Bey…

Blind Woman and EEOC Settle Lawsuit against California Hospital

September 20, 2019 | Source: NFB |

Alina Sorling, a blind food service technician, has settled the lawsuit she brought against California’s Dignity Health for employment discrimination with the assistance of the Equal Employment Opportunity Commission (EEOC) and the National Federation of the Blind. Ms. Sorling filed suit after she was fired from her job at Dignity Health’s Mercy Medical Center in Redding, California, after losing her vision and requesting reasonable accommodations to continue working there…

Fifteen years after accessibility lawsuit, UB still not compliant

September 18, 2019 | Source: The Spectrum- University at Buffalo

Emily Tout had a problem with her class in Norton Hall last semester. She couldn’t get into the nearest bathroom. Tout uses a wheelchair. She had to ask a friend to carry her from the hallway, into the stall, to the sink and then back out to her wheelchair. She roamed around the building looking for an accessible bathroom before resorting to the “embarrassing” tactic. Connor Gow, who has been paralyzed from the waist down since September 2014, had to balance his laptop on his lap for three-hour stretches in Capen Hall last semester. His classroom didn’t have an accessible table…

The Seventh Circuit holds “indignation” is not an injury-in-fact

September 18, 2019 | Source: Seyfarth Shaw

In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury in fact that can support standing to sue. The plaintiff in Carello v. Aurora Policeman Credit Union, a blind man, sued the Aurora Policeman Credit Union under Title III of the Americans with Disabilities Act (ADA) alleging its website was not accessible to him through screen reader software…

OSD Student Leverages ADA Lawsuit Win To Demand Change

September 17, 2019 | Source: CSULA University Times

Roy Payan, a visually impaired student, said he is using his lawsuit win against Los Angeles City College (LACC) as leverage to better the American with Disabilities Act (ADA) compliance at Cal State LA. The UT reached out to Office for Students with Disabilities (OSD) and Informative Technology Services (ITS) but heard back from Cal State LA spokesman Robert Lopez. Lopez said “ADA compliance is a top priority” for the school. Lopez added that ITS staff and senior administrators are working with Payan to discuss ADA issues on campus…

Brooklyn condo discriminated against people with disabilities, HUD alleges

September 16, 2019 | Source: amNY

The U.S. Department of Housing and Urban Development announced charges Monday against developers and architects of a Brooklyn condominium that allegedly discriminated against people with disabilities. The charges name Toll Brothers, Greenberg Farrow Architecture and others involved with the design and construction of North 8 Condominium — a 40-unit residence in Williamsburg. HUD said multifamily buildings constructed after March 1991 must contain features that make them accessible and functional for people in wheelchairs…

Taco Bell lawsuit reflects tech’s ADA challenges

September 16, 2019 | Source: Restaurant Dive & Restaurant Business

A federal lawsuit was filed against Taco Bell last week claiming that the company’s late-night drive-thru only service is discriminatory against people who can’t drive because of sight impairments, and therefore violates the Americans with Disabilities Act, according to Restaurant Business. The company’s policy prohibits stores from serving pedestrians who walk up to the drive-thru window, citing safety concerns. The suit seeks a discontinuation of the drive-thru-only service or the chain’s no-pedestrians-at-night policy, as well as undisclosed punitive damages…

Sidewalk ADA compliance could cost Bradley County $7.2 million

September 12, 2019 | Source: Cleveland Daily Banner

Work is underway countywide to make sure Bradley County meets requirements related to the Americans with Disabilities Act and accessibility. The Bradley County Commission heard an update on the ongoing Self-Evaluation & Transition Plan, which must be filed with the state in December; the plan must be filed before communities can re-sign for Transportation Improvement Program certification. Commissioner Kevin Raper, chairman of the County Commission’s Road Committee, introduced the ADA transition plan presentation…

California court finds inaccessible website violates ADA

September 10, 2019 | Source: Benefits Pro and Published Decision- PDF

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

September 10, 2019 | Source: Bryan Cave

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

September 11, 2019 | Source: Seyfarth Shaw

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

September 11, 2019 | Source: Pepper Hamilton

A California appellate court last week joined courts across the country that have found the Americans with Disabilities Act applies to the websites of brick-and-mortar businesses. In a 33-page published decision written by Justice Maria Stratton, the Second District Court of Appeal affirmed a lower court judgment finding that the owner of the Los Angeles restaurant The Whisper Lounge had violated the ADA—and, therefore, the state’s anti-discrimination law—by failing to render its website accessible to blind customers…

ADA compliance knocks sheriff’s website offline

September 5, 2019 | Source: Gainesville Sun

Sheriff Sadie Darnell’s staff have been working for at least nine months to ensure the agency’s website is ADA compliant. The threat of a lawsuit has kept the Alachua County Sheriff’s Office website on ice for nine months — and it may be at least two more months before it’s back up and running. “I’m very frustrated,” said Sheriff Sadie Darnell. “I’m anxious to get it back online.” Art Forgey, public information officer for the sheriff’s office, said the website was initially taken down to avoid a lawsuit over compliance with the Americans with Disabilities Act…

Paralyzed Veterans of America requests court order to address airplane restroom accessibility for disability community

September 4, 2019 | Source: Financial News

Paralyzed Veterans of America (PVA) has announced it is seeking a court order compel the DOT to make airplane lavatories accessible to travelers with disabilities, the organization said. The action results from DOT ignoring its Congressional mandate to address this issue and continuing to deny full restroom access for veterans and travelers with mobility impairments. On May 20, 2019, after DOT stated it would issue a proposed rule addressing lavatory accessibility by December 2019, the Court put a hold on the lawsuit led by PVA and required DOT to provide ongoing status reports…

Court of Appeal rules many websites must be coded to let blind people use them

September 3, 2019 | Source: San Francisco Chronicle

California Appellate Court Finds Inaccessible Website Violates ADA

September 4, 2019 | Source: Law.com

Restaurants, hotels and other businesses that serve the public in California must make their websites accessible to the blind, a state appeals court ruled Tuesday. The 1990 federal law prohibiting discrimination against the disabled in any place of “public accommodation” applies to websites where people can make reservations, said the Second District Court of Appeal in Los Angeles, the first appellate court in California to rule on the issue. It rejected arguments that the law applied only to actions at the restaurant or place of business and not to a website…

Blind Woman Files Employment Discrimination Suit against Amazon.com

September 3, 2019 | Source: National Federation of the Blind

Maryann Murad, a blind Howell resident, and the National Federation of the Blind, the nation’s oldest and largest organization of blind Americans, have filed suit in the Federal District Court for the Eastern District of Michigan against Amazon.com for employment discrimination. Amazon is the world’s largest Internet retailer and currently employs more than 647,000 people worldwide. In the first quarter of 2019 it earned approximately $59.7 billion in revenue…

Judge: Lawsuit can continue vs Cubs over Wrigley wheelchair seating arrangements

September 3, 2019 | Source: Cook County Record

A wheelchair user has won the chance to continue his lawsuit against the Chicago Cubs over his claims Wrigley Field doesn’t have enough seating for fans with disabilities. On Aug. 30, U.S. District Judge Jorge L. Alonso refused the Cubs’ request to dismiss the legal action brought by David F. Cerda, accusing the Cubs of not providing enough seating for wheelchair users, and enough of the special seating throughout the ballpark, at their home park on Chicago’s North Side…

August 2019

Another appeals court rules in favor of CUs in frivolous ADA suit-

August 27, 2019 | Source: CUNA News

CUNA, Leagues and credit unions achieved their third victory at the appellate level Tuesday as the Sixth Circuit Court of Appeals dismissed a frivolous lawsuit alleging website noncompliance with the Americans with Disabilities Act (ADA). CUNA and the Michigan Credit Union League (MCUL) filed an amicus brief in support of the two credit unions in the lawsuit, Aeroquip CU and Belle River Community CU. Credit unions around the country have been hit with similar suits alleging violations of the ADA, however the statute does not contain specific website accessibility guidelines…

US Department of Education investigating UO for possible violations of disability discrimination laws

August 27, 2019 | Source: Oregon Daily Emerald

The U.S. Department of Education is investigating a 2017 complaint made against the University of Oregon that alleges university webpages, including its homepage, financial aid page and the UO Libraries Facebook page, are not accessible to people with disabilities. The investigation is assessing whether UO’s webpages violate federal civil rights laws by discriminating against people with disabilities. It is also assessing whether the university is failing to ensure that its communications with those who have disabilities are “as effective as its communications with others” …

Florida Judge Sanctions Serial ADA Plaintiff Alexander Johnson And Attorney Scott Dinin

August 26, 2019 | Source: Seyfarth Shaw

US Judge Sanctions Miami ADA Lawyer, Client Over ‘Completely Selfish’ Frivolous Lawsuits

August 27, 2019 | Source: Law.com

People often ask us why plaintiffs are filing hundreds of ADA Title III lawsuits when the law only allows for injunctive relief and attorneys’ fees and costs. In the case of prolific plaintiff Alexander Johnson, it was a nice cash supplement to his disability income, apparently. U.S. District Judge Paul Huck determined after a sanctions hearing that Attorney Scott Dinin had paid Johnson more than $84,500 over three years (2016-2018) for his participation in various ADA lawsuits…

Venice reached agreement on ADA suit over website access

August 24, 2019 | Source: Sarasota Herald-Tribune

The city of Venice has reached a settlement agreement with Andres Gomez and Open Access for All, Inc. on a lawsuit filed by Gomez in April over the ADA accessibility of the city website. Gomez, who is legally blind, has been a plaintiff in a series of suits filed against municipalities in Florida and California. The Venice Council is slated to approve the agreement as part of its consent agenda Tuesday. The settlement, which was handled for the city by Randy Mora of Clearwater-based Trask Daigneault LLP attorneys, calls for the city to pay Gomez and his counsel $10,000…

Austin ‘ADA’ attorney suspended from law practice in State of New York

August 22, 2019 | Source: KXAN

Attorney Omar Rosales, who filed hundreds of Americans with Disabilities Act lawsuits against Austin businesses on behalf a single client and was suspended from practicing in the Federal Western District of Texas for three years, has been suspended in the State of New York as well, according to an August 21 order. The New York suspension will last three years. It is a “reciprocal” disciplinary measure resulting from misconduct in the Texas ADA cases, according to the New York order. This suspension is the latest of several measures, including sanctions and lawsuits, taken against Rosales since he began filing ADA cases in Central Texas in 2015…

Lawyer with Crohn’s disease goes public with Starbucks story to publicize bathroom-access laws

August 22, 2019 | Source: ABA Journal

A lawyer with Crohn’s disease hopes to raise public awareness about bathroom-access laws with a personal story about his quest to use a bathroom at Starbucks. Stephen Marcus, 64, helped get a law passed in Massachusetts requiring retailers to open employee-only restrooms to people who have inflammatory bowel diseases in medical emergencies. He told the Boston Globe that he tried to invoke the law at a Boston Starbucks in May when he had an acute need to use the bathroom, only to be turned away…

Oklahoma Burger King franchise to pay $30,000 to settle disability discrimination lawsuit

August 22, 2019 | Source: Tulsa World

The operators of a Lawton Burger King restaurant have agreed to pay a job applicant with an intellectual disability $30,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced Thursday. The EEOC filed suit in July 2018 alleging the defendants, Houston-based fuel retailer Northwest Petroleum LP and Burger King franchisee Travis County Investments, LP (collectively referred to as NWP) withdrew a job offer from an applicant who sought employment as a dining room and bathroom attendant…

ADA and Community Associations: Best Practices in Handling Requests

August 22, 2019 | Source: Gordon Rees Scully Mansukhani |

Most people are generally familiar with the concept that hotels, restaurants, and other places of public accommodation are subject to the Americans with Disabilities Act (“ADA”). However, as we have mentioned before, community associations can fall under the scope of the ADA as well. The ADA is a sweeping set of federal statutes that applies to places of public accommodation, amongst other entities. The ADA framework seeks to prohibit discrimination against disabled persons…

Federal Court Rules in Favor of Blind Students

August 21, 2019 | Source: National Federation of the Blind

The National Federation of the Blind, its California affiliate, and two blind students, Roy Payan and Portia Mason, have won their disability discrimination lawsuit against the Los Angeles Community College District (LACCD). The Federal District Court for the Central District of California Found that LACCD violated the students’ rights under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 by, among other things, failing to provide them with accessible documents and course materials, failing to provide equal access to library resources…

Domino’s plaintiff to SCOTUS: Give ADA web accessibility case law time to develop

August 15, 2019 | Source: Reuters |

a. Domino’s Wants Supreme Court To Limit Disabilities’ Rights Law

August 15, 2019 | Source: Media Post |

b. Plaintiff Robles Files His Opposition To Domino’s Petition For Certiorari

August 14, 2019 | Source: Seyfarth Shaw |

c. Domino’s and the Web are Failing the Disabled

August 16, 2019 | Source: WIRED |

d. Domino’s asks Supreme Court to weigh in on website accessibility

August 19, 2019 | Source: Eversheds Sutherland |

e. The internet’s accessibility reckoning

August 20, 2019 | Source: Axios |

f. Domino’s is at the center of an ‘internet accessibility’ fight, and the oven’s heating up

August 21, 2019 | Source: The Hustle & The Good Men Project |

Business groups are clamoring for the U.S. Supreme Court to dam a deluge of litigation over the accessibility of their websites and mobile apps to disabled customers. As I told you last month, trade groups and right-leaning public interest shops have filed amicus briefs urging the justices to grant review of a ruling by the 9th U.S. Circuit Court of Appeals that allowed a blind Domino’s customer to move ahead with claims that the pizza company violated the Americans with Disabilities Act because its website and mobile app were not fully accessible to him…

A blind man is suing Wind Creek Bethlehem over its website. Here’s why.

August 14, 2019 | Source: Lehigh Valley Live |

A blind Bucks County man is suing the new owners of Bethlehem’s casino, claiming its website isn’t accessible to the millions of Americans who are visually impaired. John Mahoney filed the class action complaint against Wind Creek Bethlehem LLC on Aug. 7. The suit alleges the casino’s website violates Title 3 of the Americans with Disabilities Act because it does not provide equal access to the visually impaired. It asks the court for a permanent injunction to force Wind Creek Bethlehem to make its website fully accessible to the blind…

Removal of M14 Select Bus Service stops violates the ADA: Lawsuit

August 14, 2019 | Source: amNY |

Nearly three decades after passage of the Americans with Disabilities Act and a quarter-century after a class action lawsuit was filed by the Eastern Paralyzed Veterans Association against New York City, a New York judge approved a plan July 23 to make all of the city’s sidewalk curbs accessible to wheelchair users within the next 15 years. This was necessary because, as The New York Times wrote in 2017, a federally mandated report “found that the majority of the city’s curb ramps are still not in compliance with federal requirements under the Americans with Disabilities Act…

Website Accessibility and the ADA- Attorneys Eve Hill and Minh Vu discuss website accessibility litigation

August 9, 2019 | Source: Legal Talk Network(Podcast) |

Domino’s Pizza Sued By Blind Man Who Says He Can’t Use Their Website

August 13, 2019 | Source: NPR (Podcast) & The American Genius |

In a highly watched case, Robles, v. Domino Pizza LLC, Guillermo Robles, who is blind, filed a lawsuit against Domino’s back in 2016 after he was unable to order a custom pizza from the company’s website and mobile app. His attorneys argued that Title III of the Americans with Disabilities Act, which entitles those with disabilities to equally partake in and benefit from goods and services from businesses such as restaurants, applies to the online sales platforms of those companies with brick-and-mortar locations…

CUNA, Ohio League attend arguments in appellate-level ADA case

August 8, 2019 | Source: CUNA |

CUNA, along with the Ohio Credit Union League, attended Thursday’s arguments before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. The cases are Brintley v. Aeroquip CU and Brintley v. Belle River Community Credit Union, two Michigan-based credit unions hit with frivolous lawsuits claiming website noncompliance with the Americans with Disabilities Act (ADA). CUNA filed amicus briefs with the Michigan Credit Union League supporting the credit unions’ appeal of the denial of their motion to dismiss…

Daytona man’s disabilities lawsuits cause records jams for cities in Volusia, Flagler

August 10, 2019 | Source: Daytona Beach News-Journal |

Daytona Beach resident Joel Price, who according to court documents is legally blind, has filed at least 130 federal lawsuits in Florida’s Middle District since 2016. His latest suit was filed against the city of Edgewater in June.

If you’re having trouble finding what you’re looking for on your city’s or county’s website, even information you know used to be there, you’re not alone. For years, common documents like commission agenda packets have been easy to download and view in minutes…

Businesses on the Florida Suncoast- Is Your Website ADA Compliant?

August 10, 2019 | Source: The Sarasota Post (Video) |

The lawsuits continue to mount. Several businesses on Anna Maria Island, Florida were sued and other businesses in the Clearwater, Sarasota, Bradenton, Venice areas have been targeted. There is legal concern happening in the digital atmosphere that may affect your business. In the last couple of years there has been an uptick in Americans with Disabilities Act (ADA) lawsuits when it comes to website accessibility. Advocates for the disabled say websites need to be as accessible for everyone, just as brick-and-mortar stores must be. There have been judgements / settlements in excess of $20,000…

Fox Theatre must provide captions for performances on demand, appeals court says

August 7, 2019 | Source: St. Louis Post- Dispatch

The Fox Theatre must provide captions for the deaf or hard-of-hearing at performances whenever a patron asks, not just one matinee performance per Broadway run, an appeals court said Wednesday. The 2-1 opinion from a panel of the 8th U.S. Court of Appeals found “that the Fox’s one-captioned-performance policy denies persons with hearing impairments an equal opportunity to gain the same benefit as persons without hearing impairments, and that deaf and hard-of-hearing individuals therefore do not have meaningful access to the benefits the Fox provides.”…

New laws enhance access to education for deaf students and families

August 7, 2019 | Source: Press of Atlantic City |

For the first year and a half of his life, Cole Renart lived 60% of his day in language isolation. Born without any hearing, Cole was 17 months old when he began receiving early intervention with a deaf American Sign Language teacher while he was at daycare. “Within three months, his language exploded,” said Amy Andersen, an ASL teacher at Ocean City High School and 2018 New Jersey Teacher of the Year, who helped lobby the state for Cole’s interventions. “It was the first time it had been done in the state of New Jersey.”…

ADA Accessible Websites Remain Costly Liability Exposure For Foodservice & Hospitality Businesses

August 6, 2019 | Source: Total Food Service |

a. Is Your Restaurant Website Making The Right Connections?

August 7, 2019 | Source: Total Food Service |

The Americans with Disabilities Act (ADA) based discrimination claims alleging inaccessibility of business websites have increased dramatically over the last several years, potentially costing businesses millions of dollars in settlements as of the latest targeted litigation trends. Enacted in 1990, the ADA prohibits employment discrimination, discrimination by government and other public services organizations and applies to all public accommodations and services provided by private companies…

Blind Hoosiers File Lawsuit Against the Indiana Division of Family Resources

August 6, 2019 | Source: Brown Goldstein Levy & The Statehouse File & WFYI |

Reviewing and selecting insurance and benefits are important processes that should be personal and private. For Christopher and Sarah Meyer, siblings who are blind, the print-only benefits communications they received from the Indiana Family and Social Services Administration (FSSA), its Division of Family Resources (DFR), and their contractors not only forced them to rely on other people to intercept and read their private information, but caused them to lose their benefits…

Department of Transportation backtracks on legal obligation to take action addressing airplane restroom accessibility for travelers with disabilities

August 6, 2019 | Source: Law.com |

Today, Democracy Forward on behalf of Paralyzed Veterans of America requested a federal court to lift its hold on their lawsuit to compel the Department of Transportation to issue a long-overdue rule to make airplane restrooms accessible to travelers with disabilities. Today’s action results from DOT ignoring its Congressional mandate to address this issue and continuing to deny full restroom access for veterans and travelers with mobility impairments…

Blind siblings sue the Indiana Family and Social Services Administration

August 6, 2019 | Source: The Statehouse File |

The Indiana Department of Family and Social Services Administration has been sued in federal court to provide tools that would allow blind Hoosiers to access their benefit information. Siblings Christopher and Sarah Meyer and the National Federation of the Blind filed the lawsuit Tuesday to compel the state and its contractors to communicate in Braille or in screen-to-text speech screen readers. The Division of Family Resources is also named in the lawsuit…

City Reaches Agreement with HUD on Accessibility at Affordable Housing Sites

August 2, 2019 | Source: MyNewsLA &HousingWire |

a. Amid Its War On Fair Housing Protections, HUD Takes A Rare Aggressive Action Against Los Angeles

August 7, 2019 | Source: Pacific Standard |

The U.S. Department of Housing and Urban Development announced an agreement with Los Angeles Friday to resolve a longstanding dispute over access for the disabled at city affordable housing projects. The agreement is expected to free up millions of dollars in federal funding for public housing in the city. “As a result of this settlement, thousands of individuals with disabilities, including those experiencing homelessness in the city of Los Angeles, will have equal access to affordable housing and access to cutting-edge features that will enable them to live independently”…

Serial plaintiff, a blind man who sues owners of websites, rebuffed by Seventh Circuit

August 5, 2019 | Source: Legal News Line |

The U.S. Court of Appeals for the Seventh Circuit has ruled that a blind plaintiff regarded as a serial litigant seeking quick payoffs lacked standing to sue a credit union over the accessibility of its website. The court made the ruling July 15, with Judge Amy C. Barrett finding the plaintiff lacked standing to sue because he failed to allege an injury in fact and upheld a lower court’s decision to dismiss the claim. The ruling states plaintiff Matthew Carello is blind and uses a screen reader to navigate the internet, and the defendant Aurora Policeman Credit Union’s website allegedly does not offer support for the reader…

Domino’s asks the Supreme Court to shut down a lawsuit requiring its website be accessible to blind people

August 1, 2019 | Source: The Verge & Cole Schotz |

a. Domino’s wants Supreme Court to say websites don’t have to be accessible

August 2, 2019 | Source: Ars Technica |

b. Domino’s Fights Website Accessibility Ruling in Supreme Court, Social Media Weighs In

August 2, 2019 Source:Pop Culture |

c. Domino’s asked Supreme Court to shut down the lawsuit filed by a blind man

August 2, 2019 | Source: Tech Observer |

d. Domino’s is locked in a legal battle over the future of web design

August 5, 2019 | Source: Fast Company |

e. Domino’s Pizza delivers a game-changing case to the US Supreme Court

August 6, 2019 | Source: Quartz |

f. Domino’s Could F’ Up the Internet for People With Disabilities Because They Won’t Just Fix Their Website

August 6, 2019 | Source: Gizmodo |

Domino’s, the leading US pizza chain that pinned its remarkable turnaround nearly a decade ago on an investment in technology, is currently waging a legal battle so that it does not have to make its website accessible to the blind. The case, which began three years ago as a lawsuit by blind US resident Guillermo Robles, may go all the way to the US Supreme Court, CNBC reports. The eventual result could become a landmark decision over the rights of people with disabilities and the responsibility of companies to retrofit mobile apps and websites for accessibility…

New Haven schools settle discrimination lawsuit for $390K

August 2, 2019 | Source: New Haven Register |

The New Haven school system settled a lawsuit over a teacher’s accessibility to her building for $390,000. Paula Langlois, a Fair Haven School teacher with multiple sclerosis who uses a wheelchair, sued the district over lack of accommodations in February 2017 after filing a formal complaint against the district with the state Commission on Human Rights and Opportunities in May 2016 before being given the right to sue. According to the settlement, which was signed on March 29 and obtained by the Register this week, the school board must pay $132,455 for Langlois’ legal expenses…

When Good Sites Go Bad: The Growing Risk of Website Accessibility Litigation

August 2, 2019 | Source: Pierce Atwood |

For a growing number of companies, websites are not only a valuable asset, but also a potential liability risk. In recent years, the number of website accessibility lawsuits has significantly increased, where plaintiffs with disabilities allege that they could not access websites because they were incompatible with assistive technologies, like screen readers for the visually impaired. If you have never asked yourself whether your website is “accessible,” or think that this issue doesn’t apply to your company, read on to learn why website accessibility litigation is on the rise…

Attorneys in MTA Disability Discrimination Suit Seek Mediation

August 1, 2019 | Source: Spectrum News NY1 |

a. MTA plans accessibility upgrades at dozens of subway stops, but has yet to reveal which ones

August 2, 2019 Source:Curbed NY |

Advocates for people with disabilities have long demanded that Gov. Cuomo direct the MTA to settle a class action lawsuit accusing the transit agency of discriminating against people in wheelchairs. “The only thing we want to hear is a binding legal agreement with a schedule to get us to full accessibility, period. That’s it,” Sasha Blair-Goldensohn, a disability advocate and plaintiff in the suit said. “Everything else is just talk, just window dressing.”

Now there’s another chance to settle, without the governor’s help…

What Dealerships Need To Know About Website Accessibility Lawsuits

August 1, 2019 | Source: Fisher Phillips |

In a recent web alert, we discussed the compliance challenges that many dealerships face when dealing with employees with disabilities. However, as many dealers have found, the Americans with Disabilities Act (ADA) does not apply to employees only. Title III of the ADA prohibits discrimination based on a disability in places of public accommodations. Those claims generally involve customer complaints relating to tangible physical barriers, such as bathroom accessibility issues and parking lots. But they can also include issues relating to a purely digital domain…

Calvert sponsors bill to protect small businesses from ADA ‘serial litigants’

August 1, 2019 | Source: Ripon Advance |

The U.S. House Judiciary Committee is considering a newly proposed bill sponsored on July 30 by U.S. Rep. Ken Calvert (R-CA) to reform the Americans with Disabilities Act (ADA) for America’s small businesses. “Small businesses and the jobs they create continue to be under siege by serial litigants, who manipulate well-meaning laws, like the ADA, just to line their own pockets,” Rep. Calvert said. The congressman introduced the ADA Compliance for Customer Entry to Stores and Services (ACCESS) Act, H.R. 4099, to amend the ADA of 1990 to promote compliance through education…

Mother files complaints about handicapped accessibility for Thompson Park playground

August 1, 2019 | Source: NNY360 |

A mother who has a 5-year-old boy with cerebral palsy has filed a formal complaint with the city that the Thompson Park playground violates the Americans with Disabilities Act. On Tuesday, the mother, Chantel Taylor, filed paperwork with the city’s ADA officer asserting that the playground does not meet safety or ADA compliance. Ms. Taylor said the loose woodchips make it difficult for her son, Ashton, to maneuver around the playground in his wheeled walker, use any of the stations in the playground or connect with other children…

July 2019

Senators Seek Updates & Further Action on Justice Department Efforts to Clarify Website Accessibility Under ADA-

July 30, 2019 | Source: Chuck Grassley & ABA Banking Journal |

U.S. Sen. Chuck Grassley sent a letter to Attorney General William Barr seeking updates on the Justice Department’s efforts to clarify whether and how the Americans with Disabilities Act (ADA) applies to websites. Senators Thom Tillis (R-N.C.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Joni Ernst (R-Iowa), Marsha Blackburn (R-Tenn.) and Mike Rounds (R-S.D.) also joined the letter. The members sent a previous letter to the Department in 2018 urging it to help resolve regulatory uncertainty…

Blind Taxpayers Sue the IRS- Print-only Notices Result in Financial Penalties for Blind Taxpayers

July 25, 2019 | Source: Brown Goldstein Levy |

Berkeley businesswoman Karen Rose, who is blind, was about to throw away what she thought was junk mail when a friend noticed that it was from the IRS. It turned out to be a second notice that she owed nearly $25,000 in additional taxes. When she contacted the agency, she learned that she had also incurred an additional $1,500 in interest and penalties because she hadn’t responded to the first notice. A representative from an IRS Taxpayer Assistance Center helped her appeal the penalties when Karen explained that she couldn’t read the printed letters…

Business groups urge Supreme Court to wade into ADA website litigation fray

July 16, 2019 | Source: Reuters |

The battle over whether websites are covered by the American with Disabilities Act may be headed to the Supreme Court. The Retail Litigation Center and the National Retail Federation on Tuesday asked the U.S. Supreme Court to take a case that will enable the Court to establish a reasonable, nationwide standard for evaluating website accessibility claims filed under the Americans with Disabilities Act. At issue is whether a website is a “public accommodation” like a physical store within the meaning of the ADA…

Retailers ask Supreme Court for clarity in ADA website claims

July 16, 2019 | Source: Chain Store Age |

The Retail Litigation Center and the National Retail Federation on Tuesday asked the U.S. Supreme Court to take a case that will enable the Court to establish a reasonable, nationwide standard for evaluating website accessibility claims filed under the Americans with Disabilities Act.

Sports Venues and the Americans with Disabilities Act

July 15, 2019 | Source: The National Law Review- Jackson Lewis |

Throughout the country, sports teams and their venues have been hit with an uptick of public accommodation lawsuits under Title III of the Americans with Disabilities Act (ADA), along with its state and local counterparts. The ability to obtain attorney’s fees makes these cases attractive to plaintiffs’ firms. Plaintiffs include fans, who team up with firms to travel around facilities or sign onto websites to “test” ADA compliance, and others who felt aggrieved after attending an event…

Inclusion and the Internet – Applying ADA Regulations to Retail Websites and Mobile Apps

July 15, 2019 | Source: The National Law Review- Ballard Spahr |

As courts determine the applicability of the Americans with Disabilities Act (ADA) in the digital landscape, litigation involving the accessibility of online services is continuing to evolve. Recently, the U.S. Court of Appeals for the Ninth Circuit ruled that Domino’s Pizza must comply with the ADA to make online services—namely, their website and mobile application—fully accessible to people with visual impairments. In Robles v. Domino’s LLC, a visually impaired man filed suit in federal court against Domino’s…

Seattle’s 5th Avenue Theatre to make new ADA accommodations after court ruling

July 15, 2019 | Source: KING5 |

Seattle’s historic 5th Avenue Theatre will be modified to improve access for those with disabilities following a lawsuit. In December 2018, the Washington Civil & Disability Advocates (WACDA) filed a suit in federal court against the 5th Avenue Theatre Association for not having adequate accessibility under the Americans with Disabilities Act (ADA). Washington resident Rhonda Brown filed the initial suit. Brown requires a scooter for mobility and claimed in her suit that the facility was not ADA compliant…

Businesses face lawsuits over website accessibility

July 15, 2019 | Source: Marketplace (Podcast) |

Last fall, Jason McKee was bouncing around business ideas with two friends when they realized something: all three had a family member or friend with a disability, that made it difficult to access the internet. They soon discovered something else: people with disabilities, specifically those who are blind or visually impaired, were filing Americans with Disabilities Act lawsuits against businesses over website accessibility issues. And many of them were winning…

How a Laudable Historic Renovation Led to ADA Violations

July 14, 2019 | Source: Whitman Legal Solutions |

College Street Music Hall in New Haven, Connecticut is one of many historic movie theaters which have been preserved. Many have been given new lives as live music performance venues. With more than a century of use as a performance venue, the location first was home to the Rialto movie theater. When the Rialto burned down, the Robert Sherman Theatre was built on the location in 1926. After a period of inactivity, the theatre reopened at the Palace Theatre in 1984…

Fenty Beauty Accused of “Intentional Discrimination” in New Lawsuit Over the Accessibility of its e-Commerce Site

July 12, 2019 | Source: The Fashion Law& HYPEBAE |

Fenty Beauty has been slapped with a new lawsuit, accusing it of engaging in “intentional discrimination” by “making it impossible” for visually impaired customers to “properly and fully utilize its [e-commerce] website.” According to the case that Beatriz Gutierrez filed against Fenty Beauty in state court in a Los Angeles, the industry-disrupting beauty brand – which is a joint venture between music mega-star Rihanna and French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton – is the latest in a growing list of brands being taken to court for allegedly running afoul of California state civil rights law…

County looks to settle with serial litigator over ADA noncompliant website

July 9, 2019 | Source: Naples Daily News |

It is a “gotcha” situation and Collier County got got. “It is what it is,” County Attorney Jeff Klatzkow said ahead of his recommendation the county settle a lawsuit filed by a visually impaired Miami man over the county’s website. Juan Carlos Gil filed the suit in June, alleging that the county’s website is not compliant with the Americans with Disabilities Act because not all the documents can be accessed by the blind. “Our site is not 100 percent ADA compliant,” Klatzkow acknowledges. “There isn’t a site in the country that’s 100 percent ADA compliant.”…

Lawsuit claims MTA discriminates against disabled riders

July 6, 2019 | Source: Fox5NY (Video) |

The MTA has been hit with a lawsuit alleging that they discriminate against transit riders with disabilities. The non-profit group Disability Rights Advocates say that only about 24% of subway stations in New York City are accessible to the disabled, which they claim is a violation of the Americans with Disabilities Act. “The MTA must acknowledge that accessibility must be a top priority,” Disability Rights Advocates said in a statement. “They can no longer continue to prioritize amenities like Wi-Fi and artwork over the ability of their customers with disabilities to ride the subway.”…

Rihanna’s Fenty Beauty reportedly sued over lack of access for visually-impaired customers

July 4, 2019 | Source: Revolt & HotNewHipHop |

Although The Navy believes that Rihanna can do no wrong, there are others who question that theory. According to a new report from The Blast, the Anti singer was hit with a lawsuit earlier today (July 4). A visually-impaired customer, Beatriz Gutierrez, filed a lawsuit against Fenty Beauty for lack of access for visually impaired customers. Gutierrez, who is visually-impaired and legally blind, states that the beauty website is not equipped to handle her needs. She further explains that Riri’s beauty company doesn’t utilize standard screen-reading technology…

Fourth Circuit Says Inability To Get Information From Website, Without More, Is Not Enough To Establish Standing To Sue

July 3, 2019 | Source: Seyfarth Shaw |

Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases. In a small but potentially important victory for defendants facing website accessibility lawsuits, the Fourth Circuit has issued two decisions upholding dismissal of lawsuits for lack of standing with a well-reasoned analysis that can be applied to the defense of other lawsuits…

Attorney’s Office Of Louisiana: Justice Department And Dillard University Agree To Renewal And Extension Of Settlement Agreement

July 1, 2019 | Source: The Louisiana Record

The United States Attorney for the Eastern District of Louisiana announced the renewal and extension of a settlement agreement with Dillard University, a Historically Black College and University in New Orleans, Louisiana, under Title III of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The settlement agreement consummates a 17-year effort to resolve a compliance review of the campus that devolved from a complaint lodged against Dillard regarding an inaccessible building…

June 2019

Does your NYC Business Meet ADA Website compliance standards

June 29, 2019 | Source: Foreign Policy 2018

As companies around the globe try to bring the websites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (or for short, WCAG), their focus on other accessibility regulations has also increased. The US’ Americans with Disabilities Act, or for short ADA, is one of the most complicated pieces of accessibility regulations. In this article, you will be able to read about what is ADA compliance, what does it say about your website, and you will also learn if it is necessary for your site. Let’s take a look:…

Trump Signs Law Improving Disaster Planning For Those With Disabilities

June 26, 2019 | Source: Disability Scoop |

The federal government will be required to do more to consider the needs of people with disabilities when hurricanes, fires and other disasters strike under a new law signed by President Donald Trump. The Pandemic and All-Hazards Preparedness and Advancing Innovation Act, which was signed by the president this week, calls for the creation of a national advisory committee specifically focused on disaster planning for those with disabilities…

Parking spaces and bathrooms, sure – but is your website compliant with the ADA?

June 26, 2019 | Source: FW Business |

I was recently asked by a client about ensuring that their website is compliant with the American with Disabilities Act (ADA). That’s right, while most employers are aware the ADA requires public places to be accessible to those with disabilities (i.e., parking spaces, ramps, curbs and bathrooms), few are aware that this obligation likely extends to the company website. Wait, the ADA applies to websites?! Yes. While the ADA does not explicitly mention the internet, the U.S. Department of Justice (DOJ) — the primary enforcer of the ADA…

Charlotte County to pay $10,500 over ADA lawsuit; make website more accessible

June 22, 2019 | Source: Charlotte Sun |

A settlement was reached last week in a lawsuit Charlotte County faced over its website. The county was sued in federal court in January by Juan Carlos Gil, a blind man from Miami. Gil has filed dozens of other similar lawsuits against businesses and local governments claiming online access is not equal for disabled people, citing violations of the Americans with Disabilities Act. Gil’s screen reader which he uses to dictate words online, doesn’t work with content like PDF documents…

A ‘blitz of lawsuits’ against Philly restaurants: Was it a ‘money grab’ or helping blind consumers?

June 22, 2019 | Source: The Philadelphia Inquirer |

For nearly three months, the Philadelphia eateries were under siege by a lawyer for blind New Yorkers. In December 2017, lawyer C. K. Lee represented a Long Island man who sued Federal Donuts, claiming the doughnut and fried chicken shops’ website wasn’t fully accessible to blind people. The next month, Lee sued again, this time for a client in Queens against the Oyster House in Center City. Lee later targeted Campo’s Deli on behalf of a Manhattan woman who, by that February, had already sued six Philly restaurants with Lee as her lawyer…

Colleges improve website accessibility as they are defendants in lawsuits

June 19, 2019 | Source: Ithaca Journal |

Several New York universities and colleges are improving the accessibility of their websites to individuals with disabilities while facing lawsuits alleging their websites do not comply with standards from the Americans With Disabilities Act. About 50 institutions are being sued, and 11 of them are from upstate New York, including Cornell University, Ithaca College, Rochester Institute of Technology and Nazareth College. The lawsuits state that the plaintiff, Jason Camacho, a legally blind man who requires screen-reading software to read website content…

Wendy’s served with class action over drive thru accessibility for the blind; McDonald’s battling similar cases

June 18, 2019 | Source: Cook County Record |

As McDonald’s battles similar legal actions, Wendy’s has become the latest fast-food chain served with a class action lawsuit over late-night drive-through accessibility for people with impaired vision. In a complaint filed June 14 in federal court in Chicago, Nicole Davis, of Chicago, and Jesse Zamora, of California, alleged Wendy’s committed “systematic civil rights violations” by keeping its drive-through windows open later than walk-in dining rooms, meaning there are certain hours each day during which only people who can drive a car or who are riding in a vehicle can place an order…

Did Santiago Abreu Actually Visit Riverbend Eatery? Does He Even Exist?

June 18, 2019 | Source: Westword |

The legal-looking envelope arrived at Riverbend Eatery in Bailey in February 2016. Owner Michael Abbondanza waited until he was home in Conifer with his son, Michael III, to open it. Inside was an eleven-page legal document filed with the U.S. District Court of Colorado claiming that Riverbend Eatery was out of compliance with the Americans With Disabilities Act. According to the complaint, plaintiff Santiago Abreu had moderately severe multiple sclerosis and used a wheelchair to get around…

Plaintiffs File Lawsuit Against Seattle Mariners for Allegedly Providing Inadequate Accommodations for Those With Disabilities

June 17, 2019 | Source: Goldberg Segalla |

A nonprofit disabilities-rights law firm filed a lawsuit on behalf of four disabled Seattle Mariners fans in October 2018 against the Mariners and the Washington State Major League Baseball Stadium Public Facilities District, which owns the team’s ballpark, T-Mobile Park. The four plaintiffs claim that the ballpark violated state and federal law, including the Americans with Disabilities Act of 1991 (ADA). These plaintiffs are Washington residents who claim they encountered issues with seating, food service, or access to certain parts of the stadium and endured “second-class treatment” when they attended games at the ballpark…

One man, 18 months, 124 ADA lawsuits over websites

June 14, 2019 | Source: WHEC |

On Monday, one of the most exclusive wineries in the Finger Lakes got sued because of its website. The person suing Belhurst Estate Winery in Geneva is also suing 124 other places, and it’s all because of their websites. The plaintiff’s name is Thomas Olsen. He is blind and lives in Brooklyn. The lawsuit says the winery’s website isn’t set up to let Olsen use his technology and read the website and therefore it stops him “from visiting defendants’ hotel.”…

Madison Village Hall situation raises questions about ADA compliance

June 14, 2019 | Source: The News Herald |

Madison Village became aware almost 30 years ago that its government office building didn’t comply with access requirements stipulated by the Americans with Disabilities Act. Yet in 2019, as leaders intensified efforts to relocate their governmental home base, the Village Hall at 126 W. Main St. still did not conform with ADA accessibility standards. Madison Village’s situation raised questions about what is expected of communities occupying old government buildings that are not ADA accessible…

7 Seattle hotels sued for alleged violations of Americans With Disabilities Act

June 13, 2019 | Source: KIRO-TV |

A local battle is being waged in Seattle on behalf of disabled tourists with worldwide access to hotel websites. Federal complaints have recently been filed in the United States District Court for Western Washington against seven Seattle hotels alleging they don’t comply with the Americans with Disabilities Act, in effect since 1992. However, a general manager for one of those hotels told KIRO 7 the lawsuits are simply a: “shakedown” for money. Mike Meagher has worked at The Moore Hotel for more than 30 years…

Domino’s Files Petition for US Supreme Court Review of Unfavorable Website Access Decision

June 13, 2019 | Source: Seyfarth Shaw & Bryan Cave Leighton Paisner |

Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to proceed against Domino’s. Domino’s styled the question presented as “Whether Title III of the ADA requires a website or mobile phone application that offers goods or services to the public to satisfy discrete accessibility requirements with respect to individuals with disabilities.” …

Uber sued over wheelchair accessibility in Pittsburgh

June 12, 2019 | Source: Smart Cities Dive & The Legal Intelligence |

Uber is facing a class action lawsuit brought by individuals in the Pittsburgh area for not providing wheelchair-accessible vehicles (WAVs) in that city. Plaintiffs say Uber is violating the Americans with Disabilities Act and denying wheelchair users equal access to ride-hailing services. The lawsuit, brought by Disability Rights Advocates (DRA) and Carlson Lynch LLP, does not seek monetary damages. It instead asks that Uber modify its policies and practices to make WAVs more available on its platform…

Website Accessibility Alert: Court Addresses Mootness Argument in Website Accessibility Case

June 10, 2019 | Source: Bryan Cave Leighton Paisner |

SDNY Dismisses Website Accessibility Lawsuit Based On Mootness And Lack Of Personal Jurisdiction

June 11, 2019 | Source: Seyfarth Shaw |

In ADA Website Accessibility Cases, Remediation May Be a Successful Defense

June 13, 2019 | Source: Pepper Hamilton |

As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country continue to weigh in on the issue. On Tuesday, June 4, 2019, the United States District Court for the Southern District of New York issued a decision in Diaz v. The Kroger Co. – holding that the Court lacked both subject matter and personal jurisdiction over the case because the complaint had been rendered moot by modifications defendant made to the website…

Disability community wins ruling in fight for subway access

June 10, 2019 | Source: Workers World |

In the hallways of the court at 60 Centre St. on June 5, lawyers for disability rights activists declared an accessibility hearing “an unqualified success.” Disability activists had brought an anti-discrimination lawsuit against the Metropolitan Transportation Authority to require it to install elevators in every New York City subway station. Currently, only about 20 percent of the city’s subway stations have at least one elevator. Even fewer if you consider that many subway stations have multiple subway lines, all of which are not accessible by elevator and a high percentage of MTA elevators are out of order at any one time…

Owners of non-ADA compliant websites could face lawsuits

June 6, 2019 | Source: FOX 13 News |

If you’re a small business owner and have a website, your website may not be accessible for people with disabilities and you don’t even know it. A number of small business owners are finding out by getting sued. This week, a Bay Area business owner reached out to FOX 13 saying a law firm is targeting them for violating the Americans with Disabilities Act on their website, and it’s a growing trend across the country. “Winn Dixie was sued for website violations, and it’s the only case that I know of that’s gone to trial. They lost,” said attorney Dan Anderson of Anderson Law Group in Clearwater…

A ray of hope for ADA website defendants? N.Y. judge tosses case for mootness

June 6, 2019 | Source: Reuters |

In 2018, disabled plaintiffs filed more than 2,250 suits in federal court alleging that corporate websites were insufficiently accessible to them, in violation of the Americans with Disabilities Act. According to Seyfarth Shaw, which tallied the cases, the growth of ADA website accessibility litigation has been nothing short of staggering. Fewer than 240 federal court suits claiming website inaccessibility were filed in 2015 and 2016, according to a 2016 Wall Street Journal report. In 2017, the number of filings was up to 814 – and it increased by nearly 200% last year…

As Summer Approaches, the SDNY Once Again Provides Hope for Businesses Exhausted by Repeated Website Accessibility Lawsuits

June 6, 2019 | Source: The National Law Review |

While businesses have long grown weary of the plaintiff bar’s seemingly endless stream of website accessibility lawsuits, it appears that judges in the SDNY may be increasingly feeling the same way. For the second time this spring, following on the back of the decision in Mendez v. Apple, a judge in the SDNY, in the case of Diaz v. The Kroger Co., 18-cv-7953 (KPF), has granted a business’ motion to dismiss a website accessibility lawsuit. While decided on multiple grounds, the Court’s decision is primarily based on mootness…

Maryland Settles Discrimination Case by Blind Inmates for $1.4 Million

June 5, 2019 | Source: Brown Goldstein Levy |

Nine current and former Maryland prison inmates have settled their discrimination lawsuit, Brown v. Department of Public Safety and Correctional Services, for $1.4 million in damages and attorneys’ fees. The Maryland Board of Public Works has just approved the settlement payment. Under the settlement, the Maryland Department of Public Safety and Correctional Services (DPSCS) will modify prison procedures and provide assistive technology for the blind to comply with the Americans with Disabilities Act (ADA) and other applicable laws…

People Are Suing For Being Born — And Winning

June 5, 2019 | Source: 10 Daily |

Should you be entitled to compensation when, if but for the negligence of another, you would not have been born? This is the question underpinning a number of civil cases often called ‘wrongful life’ actions. Wrongful life cases commonly involve a severely disabled plaintiff suing a doctor for failing to provide information about a risk of disability to their mother. The action is usually seeking monetary compensation for a life of disability, which could have been avoided if a mother had knowledge prior to conception or had exercised her right to an abortion…

Judge: Lawsuit against MTA over lack of subway elevators can move forward

June 5, 2019 | Source: WABC-TV & CBS & amNY & Queens Daily Eagle |

A judge ruled Wednesday that a class-action lawsuit against the MTA over a lack of elevators in the subway system can move forward. Advocates were eager for their day in court, while the city and MTA hoped the judge would dismiss the case. Demonstrators held another protest outside the courthouse, just as they did a few weeks ago before the last hearing. “We can’t get to work, doctor’s appointments, shopping or social and cultural events quickly and on demand like everyone else,” activist Monica Bartley said…

Hot Off the Presses: New Cases in CA and NY Strike Blows at Boilerplate ADA Complaints

June 4, 2019 | Source: Steptoe |

Retailers and other companies have been increasingly caught up in an explosion of boilerplate claims under the Americans with Disabilities Act (ADA), focusing on both websites and physical stores. While the plaintiffs’ bar has had a strong run with these claims in recent years, recent decisions in the Southern District of New York, as well as a new complaint filed by the Riverside District Attorney, have given hope to companies defending against the (unfortunately common) frivolous claims in this space that the tide may be finally turning…

Wineries Struggle with ADA Website Compliance in Wake of New York Class Action Lawsuits

June 3, 2019 | Source: Wine Industry Advisor |

When Scott Osborn, owner of Fox Run Vineyards near Seneca Lake in upstate New York, first heard that winery websites should be addressing the needs of visually impaired people last October, he said he and his team immediately began to work on “getting our site up to standard.” In January he got sued. And his business wasn’t the only one. According to the New York Wine and Grape Foundation, last fall, 26 wineries from Long Island and the Hudson Valley were named in a class action lawsuit and another 12, including Fox Run Vineyards, in January…

May 2019

Pack the court for NYC subway elevators, June 5!

May 28, 2019 | Source: Workers World

The fight for accessibility in New York’s public transportation system is approaching a critical milestone on June 5. That’s when New York State Supreme Court Judge Hagler will make a fateful decision on the lawsuit to mandate elevators in the subway. Supporters of this popular demand are being asked to once again pack the court that day, just two weeks after 50 people packed the same judge’s court on May 21 for the same lawsuit. Wheelchair users turned out en masse, lining one entire side of the court, and supporters spilled into the aisles of the courtroom…

3 Famous Companies Sued Over Website ADA Compliance

May 27, 2019 | Source: Journal Enterprise

Over the last decade, the number of lawsuits filed against companies for having a non-compliant ADA website has increased significantly. Initially, when the ADA (Americans with Disabilities Act) was enforced in 1990, the internet was not as widely used as it is today. Moreover, the common misconception that many companies have when it comes to ADA compliance is ensuring that they meet the physical requirement. For instance, installing accessible bathroom stalls, handicap ramps or button activated doors…

Lawsuit filed over Calif. recreation reservation website unusable by the blind

May 24, 2019 | Source: San Francisco Chronicle

A $66 million contract that was supposed to let people make reservations online for state parks and campgrounds has produced a website that is inaccessible to nearly 1 million blind or vision-impaired Californians, and the contractor should reimburse the state, a leader of the Bay Area’s blind community says in a lawsuit. Bryan Bashin, CEO of LightHouse for the Blind and Visually Impaired in San Francisco and a self-described outdoor enthusiast, said he was eagerly awaiting the debut of the ReserveCalifornia.com site in August 2017…

Legal battle brewing: Deadline nearing for Pensacola restaurant accused of violating ADA

March 23, 2019 | Source: 3WEARTV

A local business owner says he’s being targeted by a law firm for allegedly violating the Americans with Disabilities Act. Jordan Valley owner, Tamer Ghboun says the violations are minor, but the compensation the firm is demanding is major. Ghboun was served at the end of March. The lawsuit cites violations such as the building’s door handle, bar counter height and the bathroom lacking the “international symbol of accessibility”…

Serial ADA lawsuit filer indicted in Sacramento on federal tax fraud charges

May 23, 2019 | Source: Sacramento Bee

Sacramento-area attorney Scott N. Johnson, who has sued thousands of small businesses in Northern California alleging violations of the Americans With Disabilities Act, was indicted Thursday by a federal grand jury on charges that he filed fraudulent tax returns on funds he received from the lawsuits. Johnson, a quadriplegic whose lawsuits have garnered settlements, forced ADA improvements at various storefronts and driven some firms out of business, was charged with three counts of making and subscribing a false tax return, U.S. Attorney McGregor Scott’s office said.

Blind Man Resolves Employment Discrimination Case with Amazon.com

May 23, 2019 | Source: NFB

Alfredo Estrada has reached an agreement with Amazon.com to resolve claims that Mr. Estrada filed in July 2018 with the California Department of Fair Employment and Housing. He was represented by the TRE Legal Practice with the assistance of the National Federation of the Blind. Mr. Estrada, who is blind, was hired for a part-time sortation associate position at the Amazon.com sortation center in Vacaville and requested accommodations when reporting for his first day of work in October 2017…

How can owners and landlords avoid access discrimination claims in their commercial spaces?

May 21, 2019 | Source: NYREJ

Commercial landlords are increasingly faced with lawsuits and administrative agency discrimination claims filed by disabled individuals seeking accommodations to allow equal access to office and retail spaces. Federal, state and local laws protect the rights of disabled individuals and were written to break down the barriers that the disabled face day-to-day. The Americans with Disabilities Act, and similarly the NYS Human Rights Law and NYC Human Rights Law, prohibit discrimination on the basis of disability in the full and equal enjoyment of any place of public accommodation…

Lack of subway station elevators ‘just plain not fair,’ judge says at MTA suit hearing

May 22, 2019 | Source: amNY & Gothamist

A judge in State Supreme Court on Tuesday lambasted the MTA’s poor wheelchair access in subways. During a hearing in a case arguing that the authority’s subway inaccessibility violates the city’s Human Rights Law, Judge Shlomo Hagler said the MTA wasn’t doing enough to install elevators at its 472 city subway stations. Only about a quarter of stations are wheelchair accessible, and it’s time the MTA put “the money where their mouths are” to fund more elevator installations, Judge Hagler said…

Navigating the Murky Waters of ADA Compliance in the Internet Age

May 21, 2019 | Source: New York Law Journal

In recent years, many companies have been swept up in a wave of lawsuits claiming that certain private commercial websites are inaccessible to users with disabilities and thus violate Title III of the Americans with Disabilities Act (ADA). For example, blind individuals, who use screen-reader software to access the Internet, have alleged that they are unable to visit certain websites that have not been properly coded to convert visual information to audio translations…

For law firms on the web, online accessibility for the disabled is good business

May 21, 2019 | Source: ABA Journal

When it comes to making the law more accessible online, few can claim a longer history than Cornell University Law School’s Legal Information Institute. Since its founding in 1992, the LII has undertaken many notable projects, including republishing the Code of Federal Regulations, running a legal encyclopedia for quick definitions and understanding of legal topics, and conducting research into the readability of the law. Now, the organization is taking a step back and looking at its online infrastructure to make sure its content can be accessed by all people, including those with disabilities…

American Coffee Shop Closes after 3rd ADA Lawsuit

May 20, 2019 | Source: Bigtime Daily

On April 30th, Jason’s Cafe closed after three different ADA lawsuits were filed against the restaurant. The cafe had been doing business in Menlo Park, California for 11 years. These lawsuits were all filed for different reasons: the width of bathroom stalls was too narrow, the front door was too heavy, and the lines for the handicap spaces in the parking lot were faded beyond recognition. Restaurant owner Jason Kwan says the building was old–built 40 or 50 years ago. This was before the ADA was in place…

New York Lawmakers Plan To Address Website Accessibility

May 20, 2019 | Source: Seyfarth Shaw

A Committee in the New York State Senate aims to develop a legal standard for the accessibility of business websites under New York law, in response to the exponential increase in website accessibility litigation in the state. Whether state legislation could stem this tide, or instead make matters worse for businesses, remains to be seen. According to a recent article published in the New York Law Journal, a committee of state legislators in New York plan to develop a legal standard for website accessibility, in the wake of years of regulatory inactivity by the federal government…

Fraud Whistleblower Seeks Redress For Inaccessible Public Website That Cost California $66 Million

May 20, 2019 | Source: TRE Legal Practice

TRE Legal Practice alleges that Xerox Corp. and Conduent, Inc., defrauded taxpayers when the two companies built a $66 million state park reservation website that hundreds of thousands of Californians with disabilities cannot use. The suit seeks damages on behalf of the People of the State of California and injunctive relief on behalf of a blind representative plaintiff, Bryan Bashin. Mr. Bashin, a longtime outdoor enthusiast, was excited to learn of the launch of a new system that promised to “provide more user-friendly web services and greater accessibility to more visitors for the highly sought-after camping and lodging locations“ in California state parks…

Blind Employee Sues Los Angeles County for Discrimination

May 17, 2019 | Source: National Federation of the Blind

For Sharon Watson, a blind licensed clinical social worker with the Los Angeles County Department of Mental Health since 2004, it was bad enough that the county deployed software—the Integrated Behavioral Health Information System (“IBHIS”)—that wouldn’t work with her text-to-speech screen reader in 2014. The department has made matters even worse by refusing to provide Dr. Watson with a dedicated, qualified reader to help her complete the administrative tasks that she can no longer accomplish independently…

Federal Court Allows Class Action Website Disability Access Case to Proceed Against An Employer

May 17, 2019 | Source:Jackson Lewis

While we continue to wait for guidance from the government on website accessibility standards, plaintiffs continue to challenge the accessibility of company websites. For years, individuals have brought lawsuits claiming that their access to goods and services is limited under Title III of the Americans with Disabilities (“ADA”). More recently we have seen individuals challenge their access to employment under Title I of the ADA due to online application processes that they claim are not accessible…

Disability rights groups sue MTA, say NYC subway renovations without elevators break the law

May 15, 2019 | Source: NY Daily News & amNY & City Limits & Law.com

Legislators may force MTA to install elevators during extensive subway renovations

May 16, 2019 | Source: amNY

Disability rights groups filed a major lawsuit against the MTA Wednesday, arguing the agency’s repeated decisions to complete major subway station renovations without adding handicap-accessible features violates the Americans with Disabilities Act. The suit specifically refers to the statute of the ADA requiring public entities make transit stations accessible to those with disabilities and those who use wheelchairs whenever it changes the usability of a station…

The Americans With Disability Act Of 1990 Poses Legal Challenge For Winery Websites Today

May 10, 2019 | Source: Forbes

You might ask: what does the Americans with Disability Act (ADA) have to do with selling wine? Plenty, is the answer from Barbara Snider, at Hinman & Carmichael, LLP. According to Snider, “ There is an on-going ADA regulations battle being waged against commercial websites ; including those operated by wineries and other alcoholic beverage industry members.” Many small companies have been targeted by ADA compliance lawsuits lately, but Snider says, “Wineries and alcoholic beverage industry members are the new targets…” and it’s happening online…

Feds sue builder Miller-Valentine for ignoring disability regulations

May 10, 2019 | Source: Dayton Daily News & WVXU & Tribune-Review & Fox19 & Imperial Valley News

Ohio-based builder Miller-Valentine failed to design and construct housing units and other facilities to make them accessible to people with disabilities, according to a lawsuit filed by the U.S. Department of Justice. A press release cited Miller-Valentine and associated companies that built 82 multi-family complexes in Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas and West Virginia…

Two bills sponsored by Rep. Luria passed out of committee

May 9, 2019 | Source: 13 News Now

House Committee on Veterans’ Affairs passed 18 bills, two of which were sponsored by Congresswoman Elaine Luria. Rep Luria’s second bill, H.R. 1199, or the VA Website Accessibility Act of 2019, advocates for a study into the accessibility of the Department of Veterans’ Affairs website resources for veterans with disabilities. Congresswoman Luria introduced this bill after meeting with blind veterans in order to ensure that all VA online resources are accessible to every veteran…

Blind Navy vet sues 120+ local governments, businesses over websites

May 9, 2019 | Source: ActionNewsJax.com

Blind Navy veteran Joel Price has filed more than 120 lawsuits against city and county governments and businesses, saying their websites aren’t accessible to the visually impaired. That’s because those websites don’t work with screen reader programs. Some local governments have already settled and spent tens of thousands of tax dollars to make the changes. Florida School for the Deaf & the Blind Assistant Technology Coordinator Patrick Turnage relies on screen reader programs to access information online…

Businesses feel victimized by lawsuits over online accessibility for the blind

May 8, 2019 | Source: WWBT NBC12 News

When you think about a business being accessible to people with disabilities, you might think of handicap parking spaces, railings and ramps for wheelchairs. But businesses say they’re being blindsided by lawsuits for an issue many say they didn’t know they had. Their websites don’t work with screen readers used by the blind. We asked Maryetta Grabowski, who is blind, to show us how her screen reader reads website information aloud to her, enabling her to book rides, get news and shop online…

Disability rights groups reach settlement with DC over emergency preparedness

May 8, 2019 | Source: JURIST

After negotiations following a years-long lawsuit against the District of Columbia (DC), several disability advocacy groups and the district announced a settlement Tuesday, with the district agreeing to a number of significant improvements for thousands of residents and visitors with disabilities. United Spinal Association, DC Center for Independent Living, and two District residents with disabilities sued in 2014 alleging that DC’s emergency preparedness failed to meet the standards of Title II of the Americans with Disabilities Act, the Rehabilitation Act, and the District of Columbia Human Rights Act…

What Law Enforcement Executives Need To Know About Website Accessibility Claims

May 8, 2019 | Source: Rumberger Kirk & Caldwell

The new battleground for plaintiffs filing Americans with Disabilities Act (“ADA”) accessibility cases involves claims of barriers, not in physical space, but in cyber space. Lawsuits claiming that public webpages are not accessible to disabled users are being filed in Florida at an alarming rate. So far, most of these suits have been directed at private businesses, such as grocery stores, restaurants, retail stores, shopping centers, and hotels, known as “public accommodations” under Title III of the ADA…

ADA Restaurant Website Surfing Suits on the Rise

May 8, 2019 | Source: Modern Restaurant Management

For the past several years, we have seen a steep increase in litigation in the hospitality industry brought under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of buildings, bathrooms and parking lots do not comply with the Act’s detailed regulations for building standards. Title III requires private businesses to accommodate disabled patrons who visit their property by removing barriers to their goods and services, if such removal would be “readily achievable.”…

Visually Impaired Man Sues Pokémon Company Over Non-ADA Compliant Website

May 7, 2019 | Source: Variety

A visually-impaired man is suing The Pokémon Company because he says one of its websites is not equally accessible to blind consumers and violates the Americans with Disabilities Act (ADA), according to court documents filed on Monday. Derrick Dennis of Queens, New York is legally blind and needs screen reading software to view a website’s content on his computer. He says the Pokémon Center website, which sells a variety of branded merchandise, including t-shirts, mugs, figures, and trading cards, contains numerous barriers that prevent him and other visually-impaired people from fully accessing its services and goods…

Disability Settlement with Greyhound Results in 3 Million Payout

May 5, 2019 | Source: TravelPulse

Over 2,100 people experienced disability discrimination by Greyhound and have received a settlement payout since 2016. On Thursday, the Department of Justice announced that $2.96 million were issued to individuals who were traveling or attempting to travel on Greyhound and were faced with disability discrimination of some sort. The company also paid $300,000 in 2016 to specific individuals chosen by the Department of Justice, as well as a $75,000 civil penalty to the government…

Northam vetoes legislation to change Virginians with Disabilities Act

May 3, 2019 | Source: Augusta Free Press

Governor Northam today vetoed House Bill 2296, which would change the Virginians with Disabilities Act (VDA) by requiring a claimant to provide at least 120 days of notification to financial entities prior to the commencement of a lawsuit regarding web accessibility. This legislation would change the VDA by requiring a claimant to notify financial entities including banks, trusts, savings institutions, and credit unions, at least 120 days prior to commencement of a lawsuit regarding web accessibility…

News10NBC Investigates: RIT, Naz caught in explosion of ADA website lawsuits

May 3, 2019 | Source: WHEC

All week News10NBC investigated the thousands of lawsuits accusing the owners of restaurants, malls, art galleries and wineries of discriminating against people with disabilities. Critics call the lawsuits a cash grab by serial plaintiffs and their lawyers. News10NBC learned Friday that the Rochester Institute of Technology, Nazareth College, and dozens of other colleges and universities have been sued for the same violations by the same guy from Brooklyn…

Lyft fights to avoid Americans with Disabilities Act in federal court

May 2, 2019 | Source: Politico&Fast Company

Lyft argues it should not be subject to the Americans with Disabilities Act and is fighting a federal class action lawsuit filed in Westchester County on the grounds that “it is not in the transportation business.” It’s an argument long employed by app-based companies like Lyft and Uber, and it’s one that experts in the field continue to scoff at. “According to their public filings their mission is to improve people’s lives with the world’s best transportation,” said former New York City Taxi Commissioner Meera Joshi…

ADA lawsuits top 2,338 in New York; target malls, colleges, wineries and art galleries

May 1, 2019 | Source: WHEC

More and more lawsuits are getting filed against restaurants, malls, wineries and art galleries for violating the Americans with Disabilities Act. News10NBC found one man responsible for more than a hundred of them. Our investigation started Tuesday. Now, News10NBC is finding out why the system allows all these lawsuits to happen. The bottom line is there is nothing illegal about the lawsuits, so there is nothing to stop them. But critics say this is a cottage industry designed to make money for lawyers, not fix problems…

April 2019

Crop of ADA Suits Say Corporate Websites Are Unfriendly to Blind Users

April 30, 2019 | Source: New Jersey Law Journal

A frequent filer is going after a half-dozen companies claiming their websites are not accessible to blind and visually impaired people in violations of the Americans with Disabilities Act. Burlington Coat Factory and Wyndham Hotels were hit with lawsuits Monday in the District of New Jersey, and similar suits were filed on Sunday against True Religion Apparel and Forever 21 in the District of Delaware. Steve Madden Handbags Inc. in the Eastern District of New York and Jimmy Choo USA in the Southern District of New York were also hit with similar lawsuits on April 16…

Ninth Circuit Reaffirms Applicability of ADA to Websites

April 30, 2019 | Source: The National Law Journal

In 2001, I wrote a law review article opining that the “public accommodations” provision of Title III of the Americans with Disabilities Act (ADA) applies to the internet. I argued that public accommodations are not limited to physical structures and concluded that companies doing business with the public on the internet should maintain websites that are accessible to visually impaired individuals or risk violating the ADA. Eighteen years later, litigation involving website accessibility under Title III has skyrocketed, and there are no signs of plaintiffs slowing down…

Disabled students say BYU lacks accessibility, may break federal law

April 26, 2019 | Source: KUTV 2News (Video)

Disabled students have accused BYU of lack of accessibility on campus, and said the university may be breaking federal disability statutes. BYU maintained Friday it’s not so, saying its program to accommodate the disabled is “robust,” and that it “complies with all applicable disability laws.” Kendra Muller, a disabled student who just graduated from the university, is leading a group of seven which calls itself the Equal Access and Disability Rights Commission…

Lawmakers must address punitive effects of ADA lawsuits

April 26, 2019 | Source: The Ledger

For almost 30 years the federal Americans with Disabilities Act has inspired or forced government agencies and private companies to alter how they conduct business. These changes have benefited society, and we must continue to ensure the law’s intent is met so disabled citizens can enjoy full access to public venues. Yet it’s also true, and unfortunate, that when the ADA was enacted in 1990 few could foresee the rise of the internet as a staple of our daily lives — and the need to make it comply with a law designed to facilitate access by reworking or removing physical barriers…

Longboat seeks dismissal of website lawsuit

April 24, 2019 | Source: YourObserver.com

Joel Price, a blind Daytona Beach man who has sued Longboat Key and dozens of other Florida towns, cities and counties over access to their official websites, has filed at least a dozen more actions since early March. All take the same basic form as the one he filed against Longboat Key in early March, which specified the town must “update all electronic documents made available to the public to remove barriers in order that individuals with visual disabilities can access the electronic documents to the full extent” of federal law…

ADA Request Launches Changes in Gulfport’s Website

April 24, 2019 | Source: Gulfport Gabber

It started with a letter sent to the city of Gulfport earlier this year. The correspondence was not a lawsuit but a specific request for what is called “remediation” or compliance to have certain online documents on the municipal website be made more accessible based on the Americans with Disabilities Act of 1990 (ADA), said David Mather, the city’s IT and Library director. Mather is also one of three full-time staff whose job responsibilities include updating the city’s website where hundreds of public records like meeting agendas and videos, memos, resolutions, architectural and sewage plans, and the current annual budget are usually posted…

NY Lawmakers Plan to Address Surge in ADA Website Accessibility Suits

April 24, 2019 | Source: New York Law Journal

A little-known committee chaired by State Sen. Diane Savino, D-Staten Island, has plans to tackle the issue, which has caused the number of lawsuits brought against businesses allegedly out of compliance with the ADA to skyrocket in recent years. Lawmakers in New York are planning legislative action to curb a surge in the number of lawsuits brought in federal court against businesses who operate websites that allegedly violate the terms of the Americans With Disabilities Act, or ADA…

Lawsuits increase, alleging websites are not compliant with ADA

April 23, 2019 | Source: Auto Remarketing

A new wave of lawsuits is being filed across the country under the Americans with Disabilities Act (ADA). The ADA is a federal law passed in 1990 requiring “reasonable accommodations” in “any place of public accommodation” to make them accessible to people with disabilities. Examples of ADA reasonable accommodations are wheelchair ramps and handrails. The new lawsuits allege that the Internet is a place of public accommodation…

New Developments in Ongoing Website Accessibility Litigation

April 22, 2019 | Source: Atkinson, Andelson, Loya, Ruud & Romo

A federal district court in Massachusetts recently ruled against Harvard University in an ongoing lawsuit filed on behalf of disabled individuals challenging the accessibility of online video content on the university’s websites. (National Association of the Deaf v. Harvard University (D. Mass. March 28, 2019) 2019 WL 1409302, No. 3:15-cv-30023-KAR.) On the same day, the court issued a similar ruling in a companion lawsuit against the Massachusetts Institute of Technology, relying on the rationale from the Harvard University decision….

Safeway to pay $75,000 to resolve disability discrimination lawsuit

April 22, 2019 | Source: KIRO7 & Legal Newsline

Safeway will pay $75,000 and will make changes to its policies and hiring practices to resolve a disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission announced Monday. The EEOC said Joel Sibert applied online for several jobs at the Safeway store in Seattle’s Capitol Hill neighborhood in July 2017 and was selected for an interview based on his qualifications and previous experience working similar jobs. “However, once Sibert explained that he is deaf and would need an interpreter for the interview, the in-store hiring recruiter told him..

ADA Compliance: Records vanish amid wave of legal threats

April 20, 2019 | Source: The Ledger

City Clerk Kelly Koos has received phone calls lately from residents complaining that they couldn’t find campaign documents or other archival material on the city’s website. “I have been hearing, ‘Where’d that go? Where’d that go?’ ” Koos said. “That’s been frustrating because I feel like the public has just learned that’s where they should go to get information, and now it’s gone.” Lakeland removed those documents for the same reason the city has taken down a trove of material from its website…

Disabled Homeowner’s Lawsuit Against Jersey City Over Carport Request Moves Forward

April 19, 2019 | Source: New York Law Journal

A disability suit by a Jersey City homeowner against the city for denying her request to build a carport in front of her yard instead of installing a handicap parking spot can proceed, according to a U.S. District Court judge.

Judge Esther Salas’s ruling on April 12 denied defendant Jersey City’s motion to dismiss the case. The lawsuit was decided without oral argument. “In short, the Court holds that the instant controversy is fit for judicial resolution and that plaintiff would suffer hardship absent judicial consideration,” Salas wrote in her court opinion…

A Lawsuit of Another Stripe, Visit Florida’s Problems and an Office Space Shortage?

April 18, 2019 | Source: Boca

If you have wondered why Boca Raton stopped posting documents on its website, it’s because of a lawsuit the city settled this week. The plaintiff is Juan Carlos Gil. He lives in Miami, was born with cerebral palsy, is legally blind, and competes in marathons. Last September, Gil wrote to the city, seeking to “learn about the governmental functioning of the City of Boca Raton through the documents you provide within your site.” To further that education, Gil asked for all budget-related documents from 2015 to 2018 and all city commission agendas and backup materials from 2018 to 2018…

‘Serial Plaintiffs’ Target New York City Galleries for Disability Act Violations, Some Dealers Are Settling—or Scrambling to Get Up to Code

April 17, 2019 | Source: artnet News

Several New York City art galleries have paid to settle lawsuits brought against them for allegedly violating the 1990 Americans With Disabilities Act because their websites were not fully accessible to hearing or visually impaired persons. The galleries that settled the suits, including Howard Rehs, Mark Borghi Fine Art, Questroyal Fine Art. and around a half-dozen others, are bound by non-disclosure agreements, but artnet News has learned that the cost averaged about $15,000 per settlement and they’ve agreed to update their websites’ accessibility…

College Street Music Hall in New Haven will Increase Accessibility to Comply with ADA

April 17, 2019 | Source: HamletHub & WTNH & New Haven Register

John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with the New Haven Center for the Performing Arts, Inc., which owns and operates College Street Music Hall (“CSMH”) in New Haven, to resolve allegations that CSMH was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”). The U.S. Attorney’s Office opened an investigation after receiving a complaint from an individual regarding lack of accessibility at CSMH…

Brookfield restaurant resolves happy hour dispute with disabled

April 16, 2019 | Source: Danbury News Times

An agreement has been reached that will allow people who use wheelchairs to enjoy Happy Hour specials at a Brookfield restaurant. John H. Durham, U.S. Attorney for Connecticut, said his office will issue a “Letter of Resolution” to Hacienda Don Manuel Restaurant in Brookfield to resolve allegations the restaurant was not operating in compliance with the Americans with Disabilities Act. An ADA complaint was filed by a person with mobility disabilities alleging that Hacienda Don Manuel’s bar counter was not accessible to individuals in wheelchairs…

Developer settles claims HHP apartments not accessible

April 14, 2019 | Source: The Riverdale Press

It still seems achingly cryptic, whatever happened at Riverdale Parc. The seven-story, 55-unit multifamily complex at 2727 Henry Hudson Parkway in Spuyten Duyvil opened just a few years ago. But apparently, someone made some big mistakes when it comes to ensuring the rental building complies with accessibility requirements of the federal Fair Housing Act, which prohibits housing discrimination, including because of disability…

While Far from a Knockout, the Southern District of New York Strikes a Blow for Businesses Facing Website Accessibility Lawsuits

April 12, 2019 | Source: Epstein Becker & Green

Hope for Business Operators With Website Accessibility Cases In New York?

April 15, 2019 | Source: Kelley Drye & Warren

It is no secret that businesses have long been awaiting a court decision that would help stem the surging tide of website accessibility cases – over a thousand of which have been filed in the Southern District of New York over the last two years. While the S.D.N.Y.’s recent decision dismissing a website accessibility complaint in Himelda Diaz v. Apple, Inc., 18-cv-07550 (LAP) (S.D.N.Y. March 28, 2019) may not have gone as far as businesses would have hoped, it is nonetheless an important victory…

CUNA addresses ADA

April 9, 2019 | Source: CUNA & PDF

CUNA raised several credit union issues as House Appropriations subcommittees began hearings on federal agency budget requests for fiscal year 2020 this week. It submitted letters for the record Tuesday of hearings involving the Department of Justice, Department of the Treasury and the Internal Revenue Service. CUNA and its members have grown increasingly concerned with frivolous litigation spreading due to a lack of clarity with how the Americans with Disabilities Act (ADA) applies to websites…

Legal Battle Over Captioning Continues

April 8, 2019 | Source: Inside Higher Ed

Two high-profile civil rights lawsuits filed by the National Association of the Deaf against Harvard University and the Massachusetts Institute of Technology are set to continue after requests to dismiss the cases were recently denied for the second time. The two universities were accused by the NAD in 2015 of failing to make their massive open online courses, guest lectures and other video content accessible to people who are deaf or hard of hearing. Some of the videos, many of which were hosted on the universities’ YouTube channels, did have captions — but the NAD complained that these captions were sometimes so bad that the content was still inaccessible…

Business leaders warning of potential ADA lawsuits

April 3, 2019 | Source: Rochester First & WXXI News& Innovation Trail

New York state has the most lawsuits filed against businesses for having inaccessible websites in the entire country. The focus of these lawsuits has recently been on small businesses and wineries. Scott Osborn, co-owner of Fox-Run Vineyards in the Finger Lakes, said he was working on revamping his company’s website to be more accessible when he was thrust into a lawsuit. “All of a sudden I had a number of phone calls and emails from attorneys down in New York city,” Osborn said…

ADA lawsuit filed against Longboat Key over website

April 3, 2019 | Source: YourObserver.com

A lawsuit filed in federal court against Longboat Key by a blind Daytona Beach man claims the town’s website is “deliberately indifferent” to provisions of the 1990 Americans with Disabilities Act and seeks fixes and damages. The lawsuit, filed March 8 in U.S. District Court for the Middle District of Florida, specifies the town must “update all electronic documents made available to the public to remove barriers in order that individuals with visual disabilities can access the electronic documents to the full extent” of federal law…

Blind man suing Central Florida cities, counties over accessibility to records

April 2, 2019 | Source: WFTV Orlando

City and county leaders across the state are being forced to make major changes to the way public records are posted online after one local man filed dozens of lawsuits. The Daytona Beach man is legally blind, and his lawsuits claim a device he uses to access content on the internet is unable to read certain public documents. Investigative reporter Karla Ray found out that man and his attorneys have been paid thousands of dollars in settlements, just from here in Central Florida, over the last year…

After lawsuit, Wrigley includes more wheelchair seating in latest renovations

April 1, 2019 | Source: Chicago Sun-Times & Charlotte Observer & San Francisco Chronicle

Following an American Disabilities Act lawsuit filed last year, recent renovations to Wrigley Field will include more wheelchair accessible seats, said Cubs spokesman Julian Green. Green declined to comment on the suit, but said as renovations wrap up, “Wrigley Field is expected to have more than the number of accessible wheelchair spaces located in many more locations in the ballpark than before the renovation.” There are also more elevators and more accessible bathrooms…

Lyft, Uber face class-action lawsuits for disability discrimination

April 1, 2019 | Source: Daily Californian

Disability Rights Advocates, or DRA, filed a class-action lawsuit against Lyft on March 20, alleging that the popular ride-sharing service violated the Americans with Disabilities Act, or ADA, by not providing a wheelchair accessible vehicle, or WAV, service for Bay Area residents. DRA, a nonprofit disability rights organization based in California and New York, alleged in the suit that Lyft’s failure to provide WAVs constitutes unequal service for its riders with disabilities…

Federal Credit Unions Are Being Targeted For Alleged Americans With Disability Act Violations

April 1, 2019 | Source: Greenville Business Magazine

Since 2017, federal credit unions across the nation have been on the receiving end of a rush of lawsuits and complaints regarding an issue that many businesses aren’t even aware of: website accessibility in relation to the Americans with Disabilities Act (ADA). In fact, there have been so many of these complaints that the National Association of Federal Credit Unions (NAFCU) has named ADA website litigation as one of their top legislative and advocacy issues…

March 2019

Lakeland pulls pages from website over ADA compliance

March 31, 2019 | Source: The Ledger

Last month, Flagler County agreed to pay more than $15,000 to settle a lawsuit filed in October that its website violated the ADA because it was inaccessible to people who are visually impaired. Lakeland officials have removed sections of the city’s website after receiving a complaint it’s not fully accessible to individuals with handicaps. Timothy McCausland, city attorney, informed commissioners that pages have been temporarily taken down from the city’s website, as well as the sites for some of the city’s departments, over concerns the information as presented may not be in compliance with the Americans with Disabilities Act…

With IPO on tap, Lyft faces suit over wheelchair accessibility

March 28, 2019 | Source: The Mercury News |

Just days before Lyft’s initial public offering, the ride-hailing company is facing a class-action lawsuit over accessibility. The Disability Rights Association asserts that Lyft has failed to make its drivers’ vehicles accessible to riders with wheelchairs. The suit, filed last week in the United States District Court for the Northern District of California, doesn’t seek any monetary damages, but wants Lyft to modify its policies and practices to include ready access to wheelchair accessible vehicles (WAV) for riders who need such services…

City of Colorado Springs agrees to settle second ADA lawsuit in 6 months

March 27, 2019 | Source: KOAA |

The City of Colorado Springs has agreed to settle the case by making a commitment to install over 15,000 accessible curb ramps throughout the city over the next 14 years. Patricia Yager, CEO of the Independence Center, is a fierce advocate for people with disabilities and knows the plaintiffs in this case. “I know that they are thrilled and can’t wait to be able to just roll out their door and realize they don’t have to worry about whether there’s a curb cut down there or not,” she said…

New Accessibility Requirements in Effect for Video Game Software

March 26, 2019 | Source: Perkins Coie |

As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS). Among other things, video game developers and publishers are required to keep records of their efforts to comply with the ACS accessibility requirements, and they must submit annual recordkeeping compliance certifications to the FCC, the first of which is due for video game developers and publishers on April 1, 2020…

After Years of Failed Attempts to Get the San Jose Sharks to Comply with the ADA, Blind Fans Resort to Lawsuit

March 26, 2019 | Source: Sport Techie & DRA |

As the San Jose Sharks clinch their fourth-consecutive berth to the Stanley Cup Playoffs, blind hockey fans take aim at the NHL team’s failure to ensure equal access to the digital fan experience. The San Jose Sharks + SAP Center mobile application—a key digital piece of fans’ interaction with the stadium and the team—is ubiquitously inaccessible via the assistive technology, called screen readers, that blind individuals use to access such services. Marco Salsiccia has been a San Jose Sharks fan ever since the team’s inaugural season in 1991….

Colorado Springs to build 15000 curb ramps to settle accessibility lawsuit

March 20, 2019 | Source: Colorado Springs Gazette & U.S. News & World Report

Colorado Springs has settled its second lawsuit in six months involving claims the city’s streets and sidewalks are inaccessible to the disabled. The newest lawsuit, a class-action case, was filed Wednesday in U.S. District Court in Denver by Tim Fox and Julia Campins, representing the Civil Rights Education and Enforcement Center and Campins Benham-Baker, respectively, Fox said. The attorneys represent two individual plaintiffs and all others with different access needs…

Lawsuit Seeks to Force Lyft to Provide ‘Full, Equal’ Service to Wheelchair Users

March 20, 2019 | Source: KQED

We’re now in Year Seven of the great transportation disruption unleashed on the smartphone-toting world in large

part by San Francisco ride-hailing service Lyft. But a federal lawsuit filed Wednesday says that one significant population is still being denied the go anywhere, go anytime benefits bestowed by the company’s service: wheelchair users who need specially equipped vehicles to get to appointments, the airport, dates or work. The class-action complaint filed in U.S. District Court by Oakland’s Disability Rights Advocates says that Lyft violates the federal Americans with Disabilities Act…

US Attorney Reaches Settlement With Condo Developers Over Disability Access Issues

March 19, 2019 Source: Lawfuel & Daily Voice &The Journal News

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States has settled its federal Fair Housing Act lawsuit against Bedford Development LLC, Carnegie Construction Corp., Jobco Inc., Robert Pascucci, and Warshauer Mellusi Warshauer Architects, P.C. The settlement requires Defendants to pay up to $195,000 for retrofits at the Sutton Manor condominium in Mount Kisco, New York, in order to make the individual units and the common areas of the building more accessible to individuals with disabilities, and to pay…

Lawsuits: Domino’s, Playboy websites aren’t accessible to blind users

March 19, 2019 | Source: Detroit Free Press

In thousands of cases that are testing the limits of the law and cyberspace, businesses are increasingly facing lawsuits that contend their websites aren’t accessible to people who are blind and are in violation of federal disability mandates. “Blind people want access like everybody else does,” said Michael Powell of Warren, who has been visually impaired since birth. “We have screen-reading software, and it doesn’t cost a lot of money to make a website accessible.”…

Court Dismisses ADA Lawsuit Against Ohio CU

March 18, 2019 | Source: CU Today & CUNA

The U.S. District Court for the Southern District of Ohio has dismissed a lawsuit against BMI Federal Credit Union that had alleged violations of the Americans with Disabilities Act (ADA). The suit is similar to those that have targeted credit unions across the country over their websites. Both CUNA and the Ohio CU League had filed amicus briefs in the case. Judge Algenon L. Marbley granted BMI’s motion to dismiss the lawsuit after finding the plaintiff lacks standing to bring the lawsuit…

Volusia’s city governments work to make websites ADA-compliant

March 17, 2019 | Source: Daytona Beach News-Journal

Volusia to pay out $25,000, make website more accessible to blind, after being sued

March 18, 2019 | Source: Daytona Beach News-Journal

Florida’s cities and counties have spent countless dollars to make sure buildings, parks and other frequented places are accessible to all residents and visitors since the Americans with Disabilities Act passed in 1990. But nearly 30 years later, with the vast majority of government information available on the internet, lawsuits are on the rise as many communities are playing catch-up in ensuring their government websites are just as accessible as other services…

Businesses — Why using Wix and GoDaddy Increases your Lawsuit Risk

March 17, 2019 | Source: Medium

Wait, I can get sued for using Wix and GoDaddy?? What the Actual Heck?!?! Why yes. Yes, you can. In a heart beat. Here is a little background on how this story came into being. I’ve recently spent an absolutely mind blowing two days in Anaheim at CSUN pre-conferences followed by the CSUN conference itself. I taught Accessibility Program Management strategies with Gian Wild at the ICT Accessibility Bootcamp (love teaching at bootcamps !) and then spent the day just listening to leaders in the field at the inaugural Digital Accessibility Legal Summit…

The Real Reason Local Governments are Facing More ADA Non-Compliance Fines

March 15, 2019 | Source: Governing

Your community would never think to build a new office building without installing a wheelchair accessible ramp. Nor would it disallow a visually-impaired child to be accompanied by his or her seeing eye dog during an afternoon recreation activity. For all of the accommodations that your local government enforces for the approximate 19 percent of the non-institutionalized citizens living with a disability or physical impairment, why should accessibility and inclusion stop when a citizen moves from interacting in the physical world to the digital world?…

Judge says MTA broke ADA elevator statutes

March 14, 2019 | Source: Queens Chronicle

A federal judge ruled last week that the Metropolitan Transportation Authority discriminated against handicapped residents when it failed to include elevators among massive renovations that were made to a Bronx subway station over nine months from late 2013 to early 2014. What remains to be seen is how the ruling is applied in the future. In an 11-page opinion issued March 5, U.S. District Judge Edgardo Ramos found that renovations to the Middletown Road subway station…

Next steps for Pekin accessibility lawsuit, city denies fault

March 14, 2019 | Source: Week (Video)

After three months of silence, Pekin City leadership are denying allegations of breaking several disability laws. Among the complaints, a lack of wheelchair accessibility throughout the city. 25 News Reporter Lauren Melendez has been digging deeper into the case for months and explains the plaintiffs argue the lawsuit is about mobility, not money. To be clear, none of the seven plaintiffs would receive a dime if the city admitted fault. Now that it’s clear from their class-action response, 25 News is investigating what happens next…

Next steps for Pekin accessibility lawsuit, city denies fault

March 13, 2019 | Source: Week

Credit Unions Push DOJ for ADA Guidance

March 13, 2019 | Source: Manatt, Phelps & Phillips

Financial institutions need help, the Credit Union National Association (CUNA) told newly confirmed U.S. Attorney General William Barr, urging the Department of Justice (DOJ) to provide clear guidance on how it believes the Americans with Disabilities Act (ADA) applies to website accessibility. The lack of clarity about whether the statute applies to websites (and if so, how) has been a problem for credit unions for years, the organization said, with dozens of lawsuits negatively impacting their ability to serve their communities…

Lawsuit: Chicago homeless shelters lack accessibility

March 13, 2019 | Source: Fairfield Citizen

A Chicago woman is suing the city, claiming that some of its homeless shelters are illegally unable to accommodate the needs of people with disabilities. The federal lawsuit filed on behalf of Laura Martin on Monday contends that Chicago has violated the Americans With Disabilities Act and the Rehabilitation Act, the Chicago Tribune reported. Martin became homeless in 2017 after a relative she was staying with moved into a nursing home, the lawsuit states…

Justice Department reaches agreement with Harris County to ensure polling place accessibility for disabled voters

March 12, 2019 | Source: Texas Tribune

Harris County on Tuesday agreed to make its voting locations more accessible to people with disabilities, settling a lawsuit with the U.S. Department of Justice in which the federal agency alleged that the county was violating the Americans with Disabilities Act. The 2016 lawsuit alleged many of Harris County’s more than 750 voting places had architectural barriers — like steep ramps or gaps in walkways— that made them inaccessible to voters with mobility or vision disabilities. Under the settlement, Harris County will have to change its current voting program to comply with the ADA…

Holy Cross settles lawsuit over website accessibility for blind users

March 12, 2019 | Source: Worcester Telegram

The College of the Holy Cross has reached a settlement with a New York man who sued the college, saying its website was not accessible to visually impaired users like himself, court records show. A filing on March 7 in U.S. District Court in the New York Southern District, where Jason Camacho lodged his complaint in November, said the sides “have a settlement, in principle,” and requested the judge dismiss the case. The court ordered the case closed on Monday…

NAFCU urges Justice Department to address ADA website issue

March 11, 2019 | Source: Credit Union Journal

Representatives from the National Association of Federally-Insured Credit Unions and some credit unions met with the Department of Justice to discuss the ongoing legal battle over the Americans with Disabilities Act and its applicability to websites. In the past 18 months, numerous credit unions have been hit with lawsuits alleging their websites violated the ADA. Credit unions have struggled with what accommodations they should provide on their websites and mobile apps…

Mom alleges NDSU arena broke law in denying her a chair to sit beside disabled daughter

March 10, 2019 | Source: NFORUM

Tammy DeSautel takes her daughter Macy Stuart to all kinds of community events. Basketball games are their favorite, because Stuart loves to watch her cousin play. They went to see him in the Eastern Dakota Conference tournament at the Sanford Health Athletic Complex, or SHAC, on the North Dakota State University campus on March 2. DeSautel asked for a chair so she could sit next to her daughter in her wheelchair. A staff member said he’d have to ask a supervisor…

Practical Strategies for Defending ADA Website Accessibility Claims

March 8, 2019 | Source: New York Law Journal

Americans With Disabilities Act (ADA)-based discrimination claims alleging inaccessibility of business websites have exploded onto the scene over the last several years as one of the latest entrants into the so-called “drive by” (or, in this case, “surf by”) ADA litigation trend. Thousands of these claims, usually involving visually impaired persons, were filed nationwide in 2018, primarily in New York, Florida and Pennsylvania, with more than 1,500 cases clogging the dockets of the Southern and Eastern Districts of New York. Every business with a consumer-facing website is at risk…

Federal judge rules Bronx subway station must be accessible regardless of cost

March 7, 2019 | Source: Jurist |

A judge for the US District Court for the Southern District of New York ruled Tuesday that the Metropolitan Transportation Authority must make the subway station wheelchair accessible, regardless of cost. The subway station in question, Middletown Road Station Subway in the Bronx, can only be accessed through a stairway. Although the station was renovated from 2013 to 2014, no elevators were added to the station, so it was still inaccessible for people with certain disabilities, especially wheelchair users…

Is your website ADA compliant?

May 7, 2019 | Source: WSAV-TV (Video) |

The disabled plaintiffs call themselves activists working to improve society for the disabled, one lawsuit at a time. Critics call it “legal extortion,” now targeting small business owners who feel they are “sitting ducks” for Americans with Disabilities Act lawsuits regarding their websites that are not accessible to some with disabilities. Last year, there were 2,285 ADA website lawsuits filed in federal courts across the nation, an increase of a 181 percent from 2017…

Woman’s Concert Experience, ADA Settlement Leads To Modifications At Washington Venue

March 7, 2019 | Source: Ticket News |

A disabled woman faced several “physical barriers” when attending a concert at a winery in Washington, and after a settlement with the American With Disabilities Act (ADA), the venue has agreed to make changes to its tasting room and amphitheater. U.S. Attorney Brian Moran explained the details of the settlement in a news release from the U.S. Attorney’s Office for Western Washington. The woman, Char Blankenship, had reached out to him after her experience at Chateau Ste. Michelle in Woodinville.

Epic EHR software isn’t accessible for blind hospital employees, suit claims

March 6, 2019 | Source: ModernHealthcare.com |

The National Federation of the Blind sued Epic Systems Corp. over its electronic health record software, alleging that blind hospital employees can’t use the program. The complaint in federal court in Massachusetts last week alleges a part-time hospital dispatcher at Boston-based Brigham and Women Hospital couldn’t perform his job duties after the provider went live on an Epic EHR in 2015. The employee was ultimately placed on a paid leave of absence because of the difficulties, the lawsuit alleged…

He’s filed dozens of lawsuits over inaccessible websites. Newest target: Islamorada

March 6, 2019 | Source: Miami Herald |

The Village of Islamorada is the latest target of a South Florida man who has filed dozens of Americans with Disabilities Act lawsuits against companies and local governments arguing that their websites do not accommodate blind and deaf people. Juan Carlos Gil and his attorneys have filed 44 similar lawsuits in the Southern District of Florida federal court system, 26 in the Middle District, and they just filed one against Panama City in the Panhandle. Some of those suits have been confidentially settled. Judges dismissed others; still others remain pending…

Escambia Set To Settle Federal Lawsuit Over County Website Accessibility

March 5, 2019 | Source: NorthEscambia.com |

The Escambia County Commission this week will vote on a proposed settlement with a man that filed a federal suit claiming the county website is inaccessible to blind and visually impaired individuals. Walter Joseph Beckman claimed the website at www.myescambia.com is in violation of Title II of the Americans With Disabilities Act. Title II of the ADA prohibits local governments from excluding qualified individuals with a disability from participation in or the benefits from services, programs or activities of the local government…

This Is Why We Can’t Have Nice Laws

March 5, 2019 | Source: Palisades Hudson Financial Group |

Trial lawyers working on contingency fees are nothing if not creative. Unfortunately for the rest of us, the Americans With Disabilities Act offers them an evergreen outlet for those creative urges. The latest fad in the ADA shakedown racket is website lawsuits. Lawyers are recruiting plaintiffs to sue a wide range of businesses and institutions not for maintaining inaccessible buildings or facilities, but for supposedly offering noncompliant websites. A woman in my hometown of Fort Lauderdale, Florida, reportedly has reached settlements with at least 20 hotels and motels in the state…

Ninth Circuit Ruling Bolsters ADA Website Accessibility Suits

March 1, 2019 | Source: Venable LLP |

The Ninth Circuit’s recent ruling in Robles v. Domino’s Pizza, LLC provides yet another boon to plaintiffs across the country claiming that company websites may violate the Americans with Disabilities Act (ADA) unless they make specific accommodations to consumers who have visual, auditory, or other disabilities.1 While such litigation was already rapidly proliferating nationwide, Robles becomes one of the few federal appeals court decisions to specifically address website accessibility…

Municipalities and universities new targets in ADA website accessibility lawsuits

March 1, 2019 | Source: EmployerLINC |

For years, private businesses have faced demand letters and litigation over the accessibility of their websites by individuals with disabilities, with 2018 seeing a record number of website accessibility lawsuits under the Americans with Disabilities Act. Now, plaintiffs’ firms are focusing on new targets, including municipalities, county governments, and universities. People with disabilities access websites in a variety of ways, and common website problems may create barriers for these individuals…

February 2019

US Navy Settles Discrimination Claim by Blind Employee

February 28, 2019 | Source: Brown Goldstein and Levy LLP& PDF | Litigation

Mary Carla Flood had worked for the United States Department of the Navy as an Educational Technician for only a day and a half when she was summarily fired. She had done nothing wrong, but human resources officials felt constrained by the results of her physical. That physical had revealed that she was legally blind, a fact that was obvious to the personnel who hired her on the spot at her job interview (Ms. Flood sometimes uses a white cane to navigate, and reads with reading glasses or uses large print)…

How to Avoid ADA Title III Website Cases that Target Hotels & Motels

February 28, 2019 | Source: Fox Rothschild LLP |

As I posted last year, the next wave of Americans with Disabilities Act (“ADA”) Title III litigation was going to focus on hotels and motels and their reservation systems. And, I was right. These cases are primarily focused on the hotel’s reservation system and how detailed the hotel’s web site describes the ADA accessible rooms and the facility. As previously explained, these cases are being brought pursuant to 28 CFR 36.302(e) which provides: (1) Reservations made by places of lodging…

4 Myths about the ADA that Could Cost You a Lot of Money

February 27, 2019 | Source: Kiplinger

“I inherited a commercial rental property recently that was built in the 1940s. I understand that the Americans with Disabilities Act requires accessibility, but all the doorways to these shops are too narrow to allow someone in a wheelchair to enter. “Is it true that because it was built years before the ADA became law, I am ‘grandfathered’ in, and do not have to meet current accessibility requirements? A contractor told me that to meet ADA requirements, I would have to tear down and rebuild as there is no other way. So, am I safe in doing nothing?”…

Court Resolves Case Of Visually Impaired Concord Voter Who Complained About Accessibility

February 27, 2019 | Source: New Hampshire Public Radio

The U.S. Justice Department says it’s resolved a complaint with the city of Concord stemming from 2015 alleging that the city failed to provide an accessible voting machine for a voter who is blind. Under the agreement, reached Tuesday, the city is to provide voting machines that are accessible to voters who are blind or visually impaired. As of the September primary elections, New Hampshire polling places featured a system for blind and vision-impaired voters called One4All…

Miami Lawyer Settles Rare Website Accessibility Suit With Miami-Dade Public Schools

February 27, 2019 | Source: Law.com& Brown, Goldstein & Levy

It’s not often that an entity as large as Miami-Dade County Public Schools has the accessibility of its computer software challenged in court, but that’s what blind employee Janice A. Bartleson did — and she prevailed Monday. The school board agreed to make all current and future websites and software accessible to users with disabilities countywide, giving $100,000 to Bartleson and $150,000 in attorney fees. Matthew Dietz, founder and litigation director at Miami’s Disability Independence Group Inc. teamed with the National Federation for the Blind to negotiate the settlement for Bartleson — who’s also Dietz’s neighbor…

Bieber Tourways accused of violating Americans with Disabilities Act

February 26, 2019 | Source: Reading Eagle

Bieber Tourways has been accused of operating outside the rules of the Americans with Disabilities Act for nearly 20 years, despite demands by the federal government to comply with the law. Now the government is in court seeking $20,000 from the closed Kutztown-based bus company for owed fines and breach of contract. The contract is an August 2017 settlement agreement between Bieber owner Steve Haddad and the U.S. Department of Justice. The document is included in a new case filed Feb. 21 in the U.S. District Court for eastern Pennsylvania in Philadelphia…

You and the Law: Ever hear of a drive-by lawsuit?

February 22, 2019 | Source: Hanford Sentinel

If you are a landlord–or plan to buy rental property–our story should scare you more than just a little, as the last thing you want is to be sued for a violation of the Americans With Disability Act which no doubt you’ve heard of. And here’s a fact situation that is guaranteed to raise your blood pressure. You’ve heard the term “Drive By Shooting,” where a car, building or person, is shot at by someone in a moving vehicle, making it often difficult to capture the perpetrator…

Feds sue Galveston apartment owners over disability access requirements

February 21, 2019 | Source: Chron

The federal government sued a Galveston apartment complex owner Thursday, alleging that it designed an addition that didn’t meet requirements for accessibility to people with disabilities. The Justice Department filed the suit against TFT Galveston Portfolio LTD, the owners of the Seasons Resort, an apartment complex on Seawall Boulevard, and James Gartrell Jr., a Texas City-based engineer. The suit alleges an eight-building addition to the apartment complex and a rental office inhibit access to the 24 ground-floor units and the associated public and common-use areas at the property…

After lawsuit settlement, Mannella Protocol established

February 21, 2019 | Source: The Dartmouth

Two-time Paralympic alpine skier Staci Mannella ’18, who is accustomed to overcoming challenges stemming from disability, has recently been a driving force behind Dartmouth’s policies toward students with disabilities. Mannella, who suffers from a congenital vision impairment and is legally blind, and her family recently reached an out-of-court settlement with the College in a lawsuit originally filed against Dartmouth in April 2017. Mannella alleged in the lawsuit that the College failed to adequately provide the accommodations that she was entitled to under the Americans with Disabilities Act…

Can You Avoid an ADA Website-Accessibility Lawsuit?

February 20, 2019 | Source: Human Resource Executive

Website Accessibility Lawsuits Are on the Rise

February 21, 2019 | Source: SHRM

Lawsuits alleging that plaintiffs with a disability could not use company websites because they were not coded to work with assistive technologies, such as screen readers, spiked during the past year, according to research from employment law firm, Seyfarth Shaw. According to the firm’s analysis, federal website-accessibility lawsuits brought under the Americans with Disabilities Act nearly tripled in 2018. At least 2,258 such suits were filed last year—up from 814 filed in 2017…

American with Disabilities Act Investigations Ensure Accessibility at Three Medical Providers

February 21, 2019 | Source: Department of Justice& Bristol Herald Courier

The United States Attorney’s Office in Rhode Island this week concluded an investigation into violations of the Americans with Disabilities Act (ADA) at seven Landmark Medical Center offices in Woonsocket, Rhode Island, announced United States Attorney Aaron L. Weisman. As a result of the Government’s investigation, the healthcare provider promptly and cooperatively remedied ADA violations requiring accessible parking and medical equipment for individuals in wheelchairs…

CUNA Asks New Attorney General for ADA Guidance

February 20, 2019 | Source: Credit Union Times

Having failed so far to convince the Justice Department to issue guidance that would ward off attorneys threatening to sue credit unions under the Americans With Disabilities Act, CUNA is now appealing to Attorney General William Barr, who was sworn in just last week. “As of February 2019, lawsuits have been filed against credit unions in about 30 states with some suits being dismissed for lack of standing or other legal defects,” CUNA President/CEO Jim Nussle said, in a letter to Barr on Tuesday…

Hernando County set to settle website accessibility lawsuit, one in a wave filed by prolific plaintiffs

February 20, 2019 | Source: Tampa Bay Times

On New Year’s Eve, Hernando County joined the company of dozens of other Florida public entities when it was sued by a Daytona Beach man who said the county’s website didn’t comply with the Americans with Disabilities Act. Now, after a county commission agreement last week, Hernando is set to be among those who have paid the man. It’s one piece in what legal experts have called a growing wave of website accessibility lawsuits against municipalities…

A Spate of Lawsuits Is Targeting Art Schools for Failing to Comply With Disability Act Standards

February 19, 2019 | Source: artnet News

Just a few weeks after more than 75 New York art galleries were hit with a wave of lawsuits alleging that their websites are not compliant with the 1990 Americans With Disabilities Act, a group of art and design colleges across the country have now been targeted. The new round of lawsuits accuses five schools—the School of the Art Institute of Chicago, the College for Creative Studies in Detroit, the Ringling College of Art and Design in Florida, the Art Academy of Cincinnati, and the Stephens Institute in San Francisco—of failing to make their websites accessible to the hearing impaired…

The Current Landscape Of Website Accessibility Cases Under The ADA In Florida

February 19, 2019 | Source: Cole Schotz

Florida has long been considered a hotbed of lawsuits filed under Title III of the Americans with Disabilities Act. Certainly, that practice has continued with the most recent trend of ADA cases, namely lawsuits alleging that websites are not accessible to the legally blind or visually impaired. For those defending website accessibility cases under the ADA, unfortunately, three fairly recent court decisions on cases filed in federal courts in South Florida will probably only increase the number of such lawsuits in Florida and further embolden counsel representing plaintiffs…

People who are visually impaired file lawsuits over ADA compliance

February 18, 2019 | Source: Wink News (Video)

Right now, lawsuits are pending across the country, as companies are being repeatedly sued for not having websites accessible to the blind. Southwest Florida is no exception. But when you think about Americans with Disabilities Act compliance, what comes into mind? For most, it is handicap parking, ramps, railings — all physical entities — and not websites. For the visually impaired, like Sandy Burke, they know website accessibility is not always easy. “There are some websites that you go on and it’s not always user-friendly,” Sandy Burke said…

Galleries From A to Z Sued Over Websites the Blind Can’t Use

February 18, 2019 | Source: New York Times

On Dec. 13, a blind Manhattan resident named Henry Tucker filed federal lawsuits against 10 art galleries, saying their websites were not accessible to people who could not see. The galleries’ names included Adam Baumgold Fine Art, Adelson, Agora, Albertz Benda and Acquavella. The next day, Mr. Tucker and his attorneys moved on to the B’s. For decades, lawyers for the disabled have used the Americans With Disabilities Act to force businesses to make their spaces more physically accessible, by adding ramps, widening doorways or lowering countertops…

Lawsuits Surge Over Websites’ Access for the Blind

February 17, 2019 | Source: Wall Street Journal

Businesses with websites that can’t be navigated by the blind are getting pummeled with lawsuits. The new frontier in federal disability litigation has accelerated dramatically in recent years, with some companies now getting hit by lawsuits for the second or third time even after they’ve reached settlements to upgrade their sites. The complaints typically detail roadblocks that visually impaired individuals face when using “screen reader” tools that read the contents of a website aloud. The lawsuits often seek improvements to websites to ensure the technology functions…

2nd Circuit Confirms Abstention From Case Challenging Protections Afforded Disabled New Yorkers

February 15, 2019 | Source: New York Law Journal

The U.S. Court of Appeals for the Second Circuit decided Friday against federal court intervention in a challenge implicating the New York state court system’s handling of certain surrogate’s court guardianship proceedings for failing to provide vulnerable people with proper protections. The panel of Circuit Judges José Cabranes, Gerard Lynch and Denny Chin opted to uphold the decision by U.S. District Judge Alvin Hellerstein of the Southern District of New York to abstain in the suit…

A Company’s Website Is Not a “Public Accommodation” Under the ADA, a California Court Finds

February 11, 2019 | Source: Hunton Andrews Kurth

As we discussed in a previous post, the courts, the Congress, and the Department of Justice continue to grapple with the scope of Title III of the Americans with Disabilities Act as it relates to the accessibility of private businesses’ websites for disabled people. A decision by one state trial court in California seems to adopt a more strict reading of the definition of “public accommodation” than previous cases in California and in the Ninth Circuit Court of Appeals on the subject, which further demonstrates the difficulty that many courts are having with these ADA website accessibility cases…

Fearing ADA lawsuits, cities end broadcasts

February 13, 2019 | Source: The West Volusia Beacon

Worried that what has happened elsewhere in the nation could happen to them, leaders of two West Volusia cities have canceled live streaming of their city councils at work. Both DeBary and Orange City have stopped broadcasting city meetings online, at least until they acquire the equipment to add closed-captioning for deaf viewers. Live meetings will return to the web, officials say, once they have arranged for the addition of the spoken words in printed form for those viewers whose ability to hear is impaired…

Disability rights advocate takes Hinds County to federal court

February 12, 2019 | Source: Jackson Clarion Ledger

Scott Crawford, disabled and wheel-chair bound, says the county “has discriminated and is continuing to discriminate” against him and others by failing to make its facilities readily accessible as required by federal law, according to his lawsuit. The case could set a precedent for cities and counties across the state coping with outdated buildings and new regulations. Crawford testified Tuesday in U.S. Southern District Court that he first became concerned about the courthouse after he appeared for jury duty in 2012…

ADA lawsuits targeting Finger Lakes wineries/others under scrutiny

February 12, 2019 | Source: 13WHAM-TV

New lawsuits filed in federal court last week target two Finger Lakes wineries, accusing them of having websites that are not accessible to people who are blind or visually-impaired. 13 WHAM News first reported last fall on the rash of lawsuits being filed under the Americans with Disabilities Act. Now the lawsuits, and law firms behind them, are under the microscope. “These lawsuits are clearly driven by lawyers and not by the plaintiffs,” said Adam Morey of the Lawsuit Reform Alliance of New York…

Website accessibility suits surge in Florida, New York, following favorable plaintiff rulings

February 11, 2019 Source:Florida Record

The number of website accessibility lawsuits filed in federal court has exploded, with the greatest numbers being filed in New York and Florida, according to a new study. Conducted by attorneys at Seyfarth Shaw, the report found that the number of suits claiming violation of Title III of the American with Disabilities Act has increased by 177 percent, from 814 in 2017 to 2,258 last year. In 2018, a total of 1,564 were filed in New York and 814 in Florida, according to the authors of the report, Kristina Launey and Minh Vu…

Website Accessibility – Americans with Disabilities Act Impact

February 8, 2019 | Source: Mitchell Silberberg & Knupp

Title III of the Americans with Disabilities Act (“ADA”) mandates that public accommodation must be provided to disabled persons to allow for the “full and equal enjoyment” of the related privileges, goods, services, advantages and accommodations as those provided to able bodied persons. The owner of any business is responsible for making sure those accommodations are made with “reasonable modification.” The ADA makes it very clear that a business that does not provide for that accommodation is engaging in unlawful discrimination 42 U.S.C. section 12182(b)(2)(A)(iii)…

Web developers unaware of ADA accessibility standards, business owners face lawsuits

February 8, 2019 | Source: WFLA(Video)

Business owners are finding themselves in the middle of lawsuits because their websites are not ADA accessible. However, many website templates don’t offer accessibility and many developers aren’t aware of the rules. Ben Tundis, owner of Island Comfort Footwear in Clearwater, was recently sued by a blind woman in south Florida. She claims she couldn’t buy shoes on his website because it wasn’t accessible with her screen-reading software. The woman who sued Tundis has sued 175 business over website accessibility over the past two years…

Flagler County, Fla., Settles Website Accessibility Lawsuit

February 8, 2019 | Source: Government Technology

Flagler County will pay more than $15,000 to settle a lawsuit alleging that its website violates the Americans with Disabilities Act because it is inaccessible to people who are visually impaired. Specifically, the lawsuit states that much of the content of the site is provided in portable document format, or PDF, which does not interface with screen-reader software. The suit was filed in October by Daytona Beach resident Joel Price. It claims Flagler County “is blatantly discriminating by its failure to provide accessible electronic documents for blind and visually impaired citizens” and that its failure to provide access “goes beyond gross negligence.”…

California Companies Likely to See More ADA Website Accessibility Suits in 2019

February 6, 2019 | Source: Law.com

Only 10 website accessibility lawsuits were filed in California’s federal courts last year, according to a new report—but that number could rise in 2019, lawyers said. A U.S. Court of Appeals for the Ninth Circuit ruling last month found Domino’s Pizza Inc.’s website must comply with the Americans with Disabilities Act, reversing a lower court’s decision. Kristina Launey, a labor and employment attorney at Seyfarth Shaw in Sacramento, said the ruling could make California’s federal courts a more attractive destination for website accessibility lawsuits…

Flagler Pays $16,000 to Settle Website Access Suit, and Much More to Become ADA Compliant

February 5, 2019 | Source: FlaglerLive (PDF) & Daytona Beach News-Journal

Flagler County government will pay $15,700 to settle a Napoleon-quoting federal lawsuit filed by a legally blind Daytona Beach man who charged that Flagler was violating the Americans With Disabilities Act by making some of the documents posted to its website inaccessible to the blind, because computer software can’t read the pdf’s. The County Commission Monday approved the settlement. But it’s on the first step in what will be a lengthy and potentially very expensive road to compliance…

Websites need to be more accessible for people with disabilities

February 5, 2019 | Source: Vox

Beyoncé got an unwelcome New Year’s present in January: a lawsuit from a blind woman who says her website is inaccessible because it’s presented as a “purely visual interface” that makes it impossible for blind and low-vision people to use. According to the Americans With Disabilities Act (ADA), these kinds of barriers to access are a violation of civil rights, limiting communication and participation in society. Instead of abating over time thanks to increased documentation on web accessibility and pressure from the disability community, this problem is only getting worse…

January 2019

Number Of Federal Website Accessibility Lawsuits Nearly Triple, Exceeding 2250 In 2018

January 31, 2019 | Source: Seyfarth Shaw

Website accessibility lawsuits nearly tripled in 2018

February 7, 2019 | Source: HR Dive

As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them) filed in federal court under Title III of the ADA exploded in 2018 to at least 2258 – increasing by 177% from 814 such lawsuits in 2017. Plaintiffs filed these federal ADA Title III lawsuits in fourteen states—New York and Florida being the most busy jurisdictions with 1564 and 576 lawsuits, respectively…

Ninth Circuit Decision Underscores Need For Clarity On ADA’s Application In Cyberspace

January 31, 2019 | Source: Forbes | ADA, Digital Accessibility, DOJ, Ninth Circuit

Debate over whether the Americans with Disabilities Act’s (ADA) applies to websites has been raging for years—mostly in the federal courts. As happens all too often, federal legislators and regulators have remained mostly mute, leaving judges to resolve this thorny question. This default appeal to the judiciary, which has produced divergent decisions, deprives website owners the consistent and transparent fair notice that the free-enterprise system needs (and that businesses deserve under our Constitution) to function…

Municipal Liability Under the ADA for Website Inaccessibility

January 30, 2019 | Source: FordHarrison | ADA, Digital Accessibility, Lawsuits/Litigation

Many business owners have faced litigation under the Americans with Disabilities Act (ADA) by disabled individuals who claim the businesses’ websites are inaccessible. Now, many plaintiffs are turning their attention to municipalities and their websites. The ADA was enacted decades ago, before companies or municipalities even had websites. Yet courts across the country repeatedly have held that the law applies to internet accessibility, resulting in an increasing trend in ADA litigation over websites…

More Than 75 New York Galleries Are Slammed With Lawsuits for Allegedly Violating the ADA

January 29, 2019 | Source: artnet News & Hyperallergic &Artsy | ADA, Digital Accessibility, Lawsuits/Litigation, Art

Dozens of New York galleries, including Marian Goodman, David Zwirner, and Gagosian, have been hit with lawsuits alleging they are violating the Americans With Disabilities Act (ADA) because their websites are not equally accessible to blind and visually impaired consumers. Art galleries are the latest business sector to be targeted with a wave of such lawsuits. Thousands of other businesses, including hotels, resorts, universities, and restaurants have been served with similar complaints last year…

2018 Online Accessibility Legal News Recap

January 24, 2019 | Source: Microassist | Digital Accessibility, Lawsuits/Litigation, ADA

Final numbers are still coming in, but by anyone’s measure, 2018 was a record-setting year for website accessibility activity. Financial services, restaurants and grocers, casinos, pizza chains, wineries, sports teams, universities, and others all found themselves on the receiving end of complaint letters and litigation regarding their digital environments. But the legal churn didn’t stop with litigation activity. The United States and Canada each offered up legislation affecting people with disabilities, with various results…

Accessible Websites Are No Longer An Option—They’re Law

January 23, 2019 | Source: Automation Alley | Digital Accessibility, Lawsuits/Litigation

An accessible website is one that includes certain features that create a comparable experience for all visitors, particularly for those who may have challenges experiencing the web. Most people are not aware that using the web is not an apples to apples experience for everyone. A quadriplegic for example, might browse webpages with a joystick powered by the tongue. Blind individuals have browsers that read websites to them. What would happen to either individual, if they encountered a site with all images and no text, or drop menus that required excessive mouse movements?…

CUNA and Michigan League Support Credit Unions in ADA Cases

January 23, 2019 | Source: CUNA | CUNA, ADA, Digital Accessibility, Lawsuits/Litigation,
Credit Union

Credit Union National Association (CUNA) partnered with the Michigan Credit Union League to continue its aggressive nationwide defense of credit unions who are facing lawsuits due to uncertainty about how the Americans with Disabilities Act (ADA) applies to websites. The organizations filed two amicus briefs Tuesday in the Sixth Circuit Court of Appeals defending credit unions facing a lawsuit due to confusion over how the ADA applies to websites…

Number of ADA Title III Lawsuits Filed in 2018 Tops 10,000

January 22, 2019 | Source: Seyfarth Shaw | Digital Accessibility, Lawsuits/Litigation, ADA,
Title III

ADA Lawsuits Are on the Rise, Website Complaints Biggest Targets

January 24, 2019 | Source: Law.com | Digital Accessibility, Lawsuits/Litigation, ADA

The number of ADA Title III lawsuits filed in federal court in 2018 hit a record high of 10,163 – up 34% from 2017 when the number was a mere 7,663. This is by far the highest number of annual filings since we started tracking these numbers in 2013, when the number of federal filings was only 2,722. In other words, the number of cases has more than tripled. California, New York, and Florida led the pack by a wide margin as the states with the most ADA Title III lawsuits, with Texas, Georgia, Pennsylvania, Arizona, Massachusetts, New Jersey, and Alabama making the top ten but trailing far behind…

ADA lawsuits targeting hotels’ websites for not disclosing how accessible they are

January 22, 2019 | Source: Miami Herald | Digital Accessibility, Lawsuits/Litigation, Hotel, ADA

A Fort Lauderdale woman and her attorney who have reached settlements with at least 20 hotels and motels in Florida over the businesses’ websites not explaining how their properties meet the needs of people with disabilities have set their sights on two Keys resorts. Cheri Honeywell and her attorney, Jessica Kerr, of the Advocacy Group in Fort Lauderdale, filed lawsuits this month in federal court against the Glunz Ocean Beach Hotel and Resort in Key Colony Beach and Casa Morada in Islamorada…

Court Says Domino’s Website Must Be Accessible to the Blind

January 15, 2019 | Sources: Courthouse News Service and LF Legal and Seyfarth Shaw and Epstein Becker and Green and BBC and MetNews and Business Insurance and Fast Company and Blank Rome and Steptoe and Drinker Biddle and Reath | Digital Accessibility, ADA, Lawsuits/Litigation, Blindness/Visual Impairment, Food Service | Robles v. Dominos Pizza LLC | FLORIDA

Domino’s Pizza must make its website and mobile app accessible to blind people using screen-reading software, the Ninth Circuit ruled Tuesday. Guillermo Robles, a blind man, filed a federal lawsuit against Domino’s in September 2016, claiming the company thwarted him twice when he attempted to order a customized pizza. Its website and mobile app didn’t work with screen-reading software, which vocalizes visual information on websites. The company also offered online-only discounts, which Robles said were effectively off-limits for him…

Disabled San Diego residents sue over e-scooter ‘obstacle course’

January 14, 2019 | Source: Yahoo | E-Scooter, Mobility, Lawsuits/Litigation

A group of disabled Californians and their advocates are asking a judge to order shared ride scooter companies to remove their scooters from San Diego’s sidewalks and return money they earned by conducting business on taxpayer-funded walkways. A man born with with no arms and one leg, a blind man, a male amputee, and a man with progressed Parkinson’s disease are plaintiffs in a federal case seeking class action certification against startup companies Bird, Lime, Razor, and the city of San Diego. The plaintiffs say defendants are denying disabled people their right to travel freely and safely on public ways…

Nassau County sued over claims that website violates ADA

January 11, 2019 | Source: WJXT News4JAX | ADA, Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment

Two Floridians who are considered legally blind are suing Nassau County over complaints that the county’s website does not comply with the Americans with Disabilities Act. The city of Fernandina Beach received a similar complaint about its website from one of the men. In response, officials said they are taking the steps necessary to make sure their websites follow the law. The city and county aren’t alone. As the Orlando Sentinel reports, one of the men has filed almost 200 lawsuits nationwide over the lack of access to government websites for those who require screen readers…

January 7, 2019 | Source: ABC4

Kat Nelson lost everything after her business was sued for violating the Americans with Disabilities Act.”We just didn’t lose a business,” said Nelson. “We lost our home and we lost our means of making money.” Nelson and her husband are in bankruptcy after a year of financial ruin. They were once owners of Mystic Hobby Games, a video game store in Sandy that shut down after they were sued. “I was absolutely shocked,” said Nelson. “I could not believe someone was suing us over ADA compliance.”…

National Federation of the Blind Sues Epic Systems: New Chapter in Accessibility Litigation for Employers and Technology Vendors

January 9, 2019 | Source: Fredrikson & Byron | ADA, Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment, NFB

In December 2018, the National Federation of the Blind (NFB) sued Epic Systems, a provider of one of the most widely-used electronic medical record systems in the country. This is a substantial development in an extraordinarily active area of litigation. Until now, virtually all website, app and technology accessibility litigation has been focused on Title III (the “public accommodation” provision) of the Americans with Disabilities Act, and equivalent state laws, which protect consumers…

Trend of Class Action Lawsuits Alleging Company Websites Discriminate Against Disabled Individuals Expected to Continue in 2019

January 9, 2019 | Source: National Law Review | ADA, Digital Accessibility, Blindness/Visual Impairment, Class Action, Lawsuits/Litigation, Title III

Business owners beware: 2019 promises an increased number of Federal class action lawsuits alleging that company websites and point-of-sale terminals (“POS”) violate Title III of the Americans with Disabilities Act (“ADA”). A business owner can end up paying substantial monetary damages and attorneys’ fees, in addition to the expense of redesigning and modifying their business platform to accommodate the plaintiffs. Title III of the ADA requires businesses to remove obstacles that interfere with the ability of disabled persons to access their products or services…

Website Accessibility and the Law: Why Your Website Must Be Compliant

January 9, 2019 | Source: Search Engine Journal | ADA, Digital Accessibility, Section 508

In the U.S., apart from federal, state, and local government websites which must meet Section 508 regulations, there are no enforceable ADA legal standards to follow for website accessibility. However, just because there is no straightforward set of legal requirements for website accessibility does not mean that your business will not be presented with a lawsuit. This has understandably raised alarm. Most countries provide laws protecting the civil rights of disabled persons for homes, parks, businesses, and educational facilities. What is not universal is website accessibility…

ADA Implications for Servicer Websites

January 7, 2019 | Source: DSNews | ADA, Digital Accessibility, Lawsuits/Litigation

When George H.W. Bush signed into law the Americans with Disabilities Act in 1990 (ADA), it was intended to provide equal access to those with disabilities. At the time, the internet as we now know it did not exist. As a result, no one could have predicted how the ADA would interact with online services. According to a November 2018 story by the Los Angeles Times (“Lawsuits Target Access to Website”), there were nearly 5,000 ADA lawsuits filed in Federal Court for alleged website violations in the first half of 2018 alone…

Local governments on alert over lawsuits targeting ADA violations over website documents

January 4, 2019 | Source:Orlando Sentinel | ADA, Digital Accessibility, Lawsuits/Litigation

The public has long been able to poke around local government websites to keep track of council or commission meetings, look up records or fill out permit applications. But counties and cities across the state have recently come under legal attack by advocates for the disabled, who say that the electronic information on the public websites is not accessible to people who are deaf or blind. At least three Central Florida cities, Lake Mary, Longwood and Oviedo, have temporarily removed many public documents from their websites to protect themselves from lawsuits alleging a violation of the Americans with Disability Act…

Beyonce.com Lawsuit Reminds Us How Shitty the Web Is for Users With Visual Impairment

January 4, 2019 | Source:Gizmodo | ADA, Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment

Robbing Beyoncé Blind

January 10, 2019 | Source: City Journal

Mary Conner, a legally blind woman, filed a class-action lawsuit against Beyoncé Knowles’ entertainment company Parkwood Entertainment on Thursday alleging that the superstar’s official website isn’t accessible for visually impaired users. Conner is described in the lawsuit as having “no vision whatsoever” and alleged that she tried a number of times to visit and complete a purchase on Beyonce.com in December of last year to no avail. Conner went to Beyoncé’s website to learn about the artist and buy a Holidayoncé Embroidered Pullover Hoodie online…

Video game communications now fall under US accessibility laws

January 4, 2019 | Source: Rock Paper Shotgun & Variety &Glitched | Gaming, Video Games, Digital Accessibility, CVAA

Panicking About CVAA? I Spoke to Game Accessibility Specialist Ian Hamilton to Find Out What it Means

January 4, 2019 | Source: DualShockers

Video games may get a touch friendlier to chatty players with disabilities, as new(ish) US accessibility laws governing communication features now apply to the medium. The 21st Century Communications and Video Accessibility Act (CVAA) only covers aspects of games like text and voice chat and their UIs, not requiring any changes to how they play, and only if developers won’t need to spend an amount of time or effort to comply. It’s not clear yet quite how much will change, but some good may come of this…

The Muddy Waters of ADA Website Compliance May Become Less Murky in 2019

January 3, 2019 | Source: Hunton Andrews Kurth | ADA, Digital Accessibility, Lawsuits/Litigation

The Americans with Disabilities Act (the “ADA”) has been the source of a tremendous amount of litigation since President George H.W. Bush signed it into law in 1990. Over the past few years, Plaintiffs’ counsel have developed a cottage industry of sorts by filing thousands of lawsuits alleging that company websites are not accessible to the blind or visually impaired, in violation of Title III of the ADA, which prohibits discrimination on the basis of disability in “places of public accommodation.” 42 U.S.C. § 12182(a)…

Beyonce’s Parkwood Entertainment Sued Over Website Accessibility

January 3, 2019 | Source: Hollywood Reporter | ADA, Digital Accessibility, Lawsuits/Litigation

A blind woman claims she can’t use Beyonce.com without the help of a sighted companion. Beyonce Knowles’ company Parkwood Entertainment has been hit with a class action lawsuit claiming Beyonce.com violates the Americans with Disabilities Act by denying visually impaired users equal access to products and services offered on the site. A New York woman named Mary Conner who has “no vision whatsoever,” according to the filing, claims the website isn’t fully accessible for her and for millions of others who have visual impairments…

CUs see victory with dismissal of appellate level ADA suit

January 3, 2019 | Source: Credit Union Journal | Credit Union, CUNA, ADA, Digital Accessibility, Lawsuits/Litigation

Credit unions fight lawsuit related to ADA requirements

December 28, 2018 | Source: Financial Regulation News

CUNA and credit unions saw a major win Thursday when the 4th Circuit Court of Appeals ruled in favor of DOL FCU, a credit union hit with a frivolous lawsuit claiming violations of the Americans with Disabilities Act (ADA). CUNA filed a brief in support of DOL FCU. “The court’s decision is a major step forward in our defense of credit unions facing predatory lawsuits exploiting a law designed to protect disabled Americans,” said CUNA President/CEO Jim Nussle…

AITN Legal Edition: 2018 Archives

December 2018

California Court Grants Nonsuit in Website Accessibility Trial

December 31, 2018 | Source: Bryan Cave & Global Legal Chronicle | ADA, Digital Accessibility, Lawsuits/Litigation | CALIFORNIA

A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA. Martinez v. San Diego Credit Union, San Diego Superior Court Case No. 37-2017-00024673, would have been the only known website accessibility lawsuit to go to trial in the state of California. Instead, after commencing trial, the Court ordered the parties to submit trial briefs, inquired whether the parties would object to the Court issuing a sua sponte ruling at the outset of the case, and then granted the nonsuit…

Compass slapped with lawsuit over website access for the blind

December 28, 2018 | Source: Inman | ADA, Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment | NEW YORK

Compass is being sued for allegedly failing to make its website fully accessible to blind people, raising the specter that real estate brokerages remain exposed to a legal risk about which the National Association of Realtors had previously warned members. The suit, which is seeking class-action status and was filed on Dec. 12 in a New York district court, accuses Compass of violating the Americans with Disabilities Act (ADA) for “its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people.”…

Trump signs IDEA Act in bid to close ‘tech gap’ between government, private sector websites

December 21, 2018 | Source: Federal News Network & Fed Scoop | Digital Accessibility, IDEA Act, Government

Despite shutdown woes, President Donald Trump did sign some legislation Thursday. The 21st-Century Integrated Digital Experience Act (IDEA) aims to make federal “.gov” websites more mobile-friendly and more secure. “The 21st Century IDEA will modernize the technology of government agencies,” Rep. Khanna (D-CA) said following the signing ceremony. “It’s time our government agencies adopt the innovative technologies of the 21st Century.”…

Workers with Disabilities Previously Paid Subminimum Wages Sue Roppe Industries for Employment Discrimination

December 18, 2018 | Source: Brown, Goldstein & Levy | Businesses, Discrimination, Lawsuits/Litigation

Three long-time employees of Seneca Re-Ad, a workshop in Fostoria that acts as the Sampling Division for the manufacturer Roppe Corporation, are hoping to gain an equal chance to do their jobs and access the same advancement, pay and benefit opportunities as other Roppe workers. A lawsuit filed today in the Federal District Court for the Northern District of Ohio by Disability Rights Ohio (DRO) and the Baltimore law firm of Brown, Goldstein & Levy, LLP, with support from the National Federation of the Blind, alleges discrimination by Roppe and Seneca Re-Ad with assistance from the Seneca County Board of Developmental Disabilities…

Facing ‘Drive-By’ or ‘Surf-By’ ADA Website Lawsuits

December 17, 2018 | Source: Texas Lawyer | ADA, Digital Accessibility, Lawsuits/Litigation

The recent passing of former President George H. W. Bush was an opportunity for Texans to look back on his career of public service with pride. One of his administration’s most significant achievements was the passage of the Americans with Disabilities Act of 1990, passed with bipartisan support to protect individuals with disabilities. The ADA’s employment sections—adding disability status to the list of “protected characteristics” under federal anti-discrimination law, and its public accommodations provisions, removing physical barriers to access—are viewed as significant achievements by advocates for the disabled…

Colleges, including Saint Rose, hit with website lawsuits

December 4, 2018 | Source: Albany Times Union | Lawsuits/Litigation, Digital Accessibility, Blindness/Visual Impairment, ADA

The College of Saint Rose is among the most recent targets of a series of lawsuits filed against colleges and other organizations related to their websites. The plaintiffs say the legal actions represent a growing movement to make online portals more accessible to the disabled — in this case, the blind or visually impaired. Attorneys for the defendants categorize them as nuisance suits. In a suit filed in federal district court, New York City resident Jason Camacho, who is legally blind, contends that the Saint Rose website violates the Americans with Disabilities Act since it can’t accommodate special software that would let him use the site…

National Federation of the Blind and Disability Rights North Carolina Sue UNC Health Care and Nash UNC Health Care

December 3, 2018 | Source: Brown Goldstein Levy | Lawsuits/Litigation, ADA, Healthcare

Today, the National Federation of the Blind and Disability Rights North Carolina, along with individual blind plaintiffs, filed suit against the UNC Health Care System, Nash UNC Health Care, and contractors for systematically discriminating against blind patients in violation of the Americans with Disabilities Act, the Rehabilitation Act, and the Patient Protection and Affordable Care Act. The lawsuit alleges that blind patients do not receive critical communications in alternate formats – such as Braille, large print, or electronic documents – only standard print…

Veterans group seeks court’s help in making airplane bathrooms more accessible

December 1, 2018 | Source: SF Gate | Transportation, Airline, Mobility, Lawsuits/Litigation

A veterans group is turning to the courts for help in its efforts to make airplane bathrooms more accessible for travelers with disabilities. Paralyzed Veterans of America filed a lawsuit Thursday in the U.S. Court of Appeals for the 10th Circuit asking the court to force the Transportation Department to restart efforts to make bathrooms on single-aisle aircraft accessible to those with disabilities. “Our suit is simply asking the [Transportation Department] to do what Congress directed them to do,” said Karianne Jones, an attorney with the Democracy Forward Foundation, which is representing the veterans group…

November 2018

Playboy.com Sued by Blind Man Who Says He Can’t Fully ‘Enjoy’ the Website

November 29, 2019 | Source: The Wrap | Digital Accessibility, ADA, Lawsuits/Litigation, Blindness/Visual Impairment

Apparently, some people really do read Playboy for the articles. Or at least try to. Playboy.com was sued Wednesday by a legally blind man who says that the site, as well as Playboyshop.com, aren’t equally accessible to the blind and visually impaired. In the class-action suit, filed Wednesday in federal court in New York, Donald Nixon says that he and other visually-impaired customers are unable to “fully and equally use or enjoy” the site’s offering. And that definitely goes on the Turn-Offs list…

Lawsuits claim Muhlenberg, ESU websites lack access for the blind

November 21, 2018 | Source: Allentown Morning Call | Digital Accessibility, ADA, Lawsuits/Litigation, Education, University, Blindness/Visual Impairment

Poorly designed websites can be more than frustrating, they can break the law, a legally blind New York man claims in lawsuits against Muhlenberg College, East Stroudsburg University and about 40 other schools in the mid-Atlantic. Lawsuits filed in federal court in Manhattan last week on behalf of Jason Camacho claim the institutions’ websites do not comply with the Americans with Disabilities Act because they’re not properly designed for the visually impaired to use…

Education Department’s civil rights office retreats, will consider claims filed en masse

November 20, 2018 | Source: Washington Post & The 74 & ABC11& SFGate & Education Week | DOE, Education, Civil Rights, Disability Rights

Facing a lawsuit, the Education Department said Tuesday it would no longer dismiss civil rights complaints simply because the filer had submitted other, similar claims, reversing a policy that had led to the dismissal of hundreds of cases en masse. In March, the department’s Office for Civil Rights updated its Case Processing Manual and said it would dismiss a complaint if it was part of a pattern of allegations, or if the complaint placed an “unreasonable burden” on the office…

What You Don’t Know About Ada Compliance Could Cost You—Big Time

November 15, 2018 | Source: Massage Magazine | ADA, Digital Accessibility, Lawsuits/Litigation

However, many small-business people aren’t aware of regulations imposed by the government that, if violated, could mean catastrophe for a small business. One such set of rules, which you may already be required to follow in your workplace, is the Americans with Disabilities Act (ADA). ADA compliance also applies to business websites—and if your site fails to comply, you and your business could face lawsuits and potential financial ruin. Stewart Cirolo is a massage therapist who has practiced since 1998 and runs his massage business, Bodies Kneaded, in Miami Beach, Florida…

Got access for people with disabilities covered? Don’t forget your website

November 15, 2018 | Source: The Guardian | ADA, Digital Accessibility, Lawsuits/Litigation

During the first six months of 2018, according to a mid-year report from law firm Seyfarth Shaw, more than 5,000 lawsuits were filed in federal court alleging businesses were in violation of the 1990 Americans with Disabilities Act (ADA). That number is expected to reach 10,000 by the end of the year, a 30% increase over the prior year. Is it because these businesses are not making their facilities accessible to people with disabilities? Actually, no. In most cases it’s about their websites…

Wineries Run Afoul of Obscure Law

November 15, 2018 | Source: Wine Searcher | ADA, Digital Accessibility, Lawsuits/Litigation, Winery

Social activism via the courts is one of the most effective ways to legislate change. Just consider a few of the greatest hits: there’s 2013’s United States vs Windsor allows same-sex couples the same rights to each other’s inheritance as heterosexual couples; 1974’s United States vs Nixon limited the power of the US presidency, and 1954’s Brown vs Board of Education made segregation unconstitutional. The reverberations from those suits were felt in every corner of the United States and, arguably, around the globe. The Americans with Disabilities Act, which became a law in 1990, has also done far more good than ill…

Winery Websites Must Comply With The Americans With Disability Act, But How?

November 12, 2018 | Source: Forbes | ADA, Digital Accessibility, Lawsuits/Litigation, Screen Reader, Winery

In a recent blog post the Napa and Sonoma law firm of Dickenson Peatman & Fogerty (DPF) a firm that deals with many legal aspects of the beverage alcohol industry explained, “ There is considerable ambiguity in the law as to which companies are required to make their websites Americans with Disability Act (ADA) compliant and what actually constitutes ADA compliance .” That ambiguity put fifteen New York wineries in a pickle after Kathy Wu of Brooklyn filed suit. Visually impaired, Wu uses screen-reading software that provides her access to website content…

Lawsuits targeting business websites over ADA violations are on the rise

November 11, 2018 | Source: Los Angeles Times | ADA, Lawsuits/Litigation, Digital Accessibility

For the Record- Correction

November 13, 2018 | Source: Los Angeles Times

The boutique Avanti Hotel is known for its poolside, dog-friendly rooms. Yet its website uses the valuable opening page not to highlight the Palm Springs inn’s amenities, but to explain, in stark black letters on a plain white background, that the Avanti violated the Americans with Disabilities Act. Like thousands of other businesses in the United States, the 10-room hotel on East Stevens Road has been sued because it hasn’t fully complied with the 1990 law that requires public places — hotels, restaurants and shops — to be accessible to people with disabilities…

This blind athlete has filed ADA 164 lawsuits

November 11, 2018 | Source: Palm Beach Post | ADA, Lawsuits/Litigation, Blindness/Visual Impairment, Digital Accessibility

Legally blind and confined to a wheelchair, Juan Carlos Gil has traveled the world competing in marathons in which he has earned plaudits for his athletic prowess and his determination to overcome his disabilities. But for government officials and some business owners in Palm Beach County, the 36-year-old Miami wheelchair athlete isn’t known for his inspirational feats but, rather, for his penchant for litigation. Gil has filed 164 lawsuits in South Florida, accusing government agencies, restaurants and stores of violating the landmark Americans With Disabilities Act by refusing to take steps to assure the blind can navigate their websites…

A Call for Regulation: The DOJ Ignored Website Accessibility Regulation and Enterprising Chaos Ensued

November 9, 2018 | Source: New York Law Review | DOJ, Digital Accessibility, ADA, Title III

Business usually prefers to avoid championing day-to-day government regulation. But a recent explosion of “surf by” lawsuits accusing consumer-facing websites of violating Title III of the Americans With Disabilities Act (ADA) has businesses demanding regulations setting the minimum requirements to render commercial websites accessible to disabled visitors. The Department of Justice (DOJ) has concluded that websites are places of public accommodation, requiring accessibility to all visitors…

Universities under investigation for poor website accessibility

November 9, 2018 | Source: Education Dive | Education, DOE, Digital Accessibility, University

The Department of Education’s Office of Civil Rights is investigating hundreds of colleges and universities that it says have not met web accessibility standards for people with disabilities, Inside Higher Ed reported. An official told the publication there were 556 open cases as of August 2017. Numerous high-profile lawsuits in higher education over accessibility issues have brought the issue to the forefront of colleges’ attention, but monitoring thousands of web pages — with many created or revised daily — can be a giant undertaking…

Court rules against mother suing Warrick schools over wheelchair accessibility

November 8, 2018 | Source: TriStateHomepage & Justia | Wheelchair Accessibility, Lawsuits/Litigation, Education

On Monday, a federal court ruled against a mom who sued the Warrick County School Corporation after she was unable to see her son sing at Christmas concerts. According to the suit, the concerts were held at a venue not wheelchair accessible. Mycal Ashby sued the school corporation in September 2016, accusing Loge Elementary School of holding Christmas concerts at the Warrick County Museum in 2014 and 2015. The court ruled against Ashby because they determined the concert was not technically a school activity…

Bradenton Beach shuts down city website

November 6, 2018 | Source: AMI Sun | ADA, Digital Accessibility, Lawsuits/Litigation, Screen Reader | FLORIDA

The city has shut down its website until it can be made compliant with the Americans with Disabilities Act (ADA). The city website was shut down last week at the request of Mayor John Chappie after he learned of a $16,000 settlement agreement Manatee County recently reached regarding the Joel Price v. Manatee County lawsuit filed with The United States District Court Middle District of Florida Tampa Division. Price and his Miami-based attorney, Scott Dinin, alleged the county website violated the Americans with Disabilities Act and sought injunctive relief to remedy alleged accessibility barriers at the county website…

LSAT Maker Hit With $480K in Fees for Disability Violations

November 6, 2018 | Source: The Recorder | LSAT, Disability Rights, Discrimination, Lawsuits/Litigation

A federal judge has ordered the Law School Admission Council to pay nearly half a million dollars in attorney fees to the California Department of Fair Employment and Housing in connection to litigation over its accommodation of Law School Admission Test takers with disabilities. The California agency sought more than $567,000 in attorney fees after it successfully petitioned the court to hold the council in civil contempt for violating a 2014 agreement on how it would handle requests for accommodation on the LSAT…

ADA Cases May Have Diminished, but Legal Concerns Haven’t

November 6, 2018 | Source: Credit Union Times | Credit Union, ADA, Lawsuits/Litigation, Digital Accessibility

The flood of federal lawsuits against credit unions whose websites allegedly don’t comply with the Americans with Disabilities Act (ADA) has waned dramatically in recent months, but one attorney is warning credit unions not to get complacent about their online presence. According to a CU Times analysis of court records, the number of federal, website-related ADA cases against credit unions has dwindled in the last several months from well over 100 to around a dozen. Most cases have settled, but courts have also dismissed some or part of at least 11 cases, largely finding that the plaintiffs’ lack of membership eligibility gave them no standing to sue…

Florida’s Serial ADA Lawsuits: Long Overdue or ‘Legal Extortion’?

November 1, 2018 | Source: Daily Business Review | ADA, Litigation, Discrimination, Title III

Title III of the Americans with Disabilities Act (ADA) was enacted more than two decades ago to curb discrimination against disabled people, but related lawsuits are still rife in Florida — and lawyers on either side are exasperated. Plaintiffs’ attorneys can’t believe how many public places aren’t compliant, while defense lawyers are at their wits’ end with seemingly infinite “drive-by” complaints, suspicious of filers’ motives. According to defense attorney Christian E. Rodriguez of the Trembly Law Firm in Miami, the ADA is “well-intentioned” but has become a “tool for abuse,” allowing some to “take advantage” of business owners…

South Florida Restaurants Slapped With Hundreds of ADA Lawsuits

November 1, 2018 | Source: Miami New Times | ADA, Food Service, Litigation, Digital Accessibility

You might think Presidents Barack Obama and Donald Trump have nothing in common other than living in the same house at different times. Yet both men, during their tenures atop the United States government, failed to direct their Departments of Justice to issue regulations for a section of the Americans with Disabilities Act (ADA) that requires companies’ websites to accommodate disabled individuals. Over the past two years, the legal grey zone has cleared a path for lawyers to file thousands of actions against businesses claiming their websites are in violation of the ADA…

Department of Justice continues to focus on website access and disability accommodations

November 1, 2018 | Source: Columbus Business Journal | DOJ, ADA, Title III, Digital Accessibility

In October, the Department of Justice (DOJ) sent a letter to U.S. Congress reaffirming its stance that Title III of the Americans with Disabilities Act (ADA) applies to websites. The DOJ also signaled that, despite its reaffirmation, it does not intend to issue specific regulations explaining what websites need to do in order to actually comply with the ADA at this time. Title III of the ADA requires “places of public accommodation” (in other words, businesses open to the public) to meet certain architectural guidelines designed to ensure that disabled patrons can access the business…

October 2018

Lawsuits Charge 15 New York Wineries with Discrimination Against Visually Impaired

October 31, 2018 | Source: Winemag.com | Discrimination, Lawsuits/Litigation, ADA, Digital Accessibility

A wave of lawsuits has been filed against a number of wineries accused of violating the Americans with Disabilities Act (ADA) by having insufficiently accessible websites for the visually impaired. It’s a story sure to generate a lot of negative publicity, but may also just be the latest trend in generating attorney’s fees. “This year looks to be a record for filings” that invoke the ADA, says Adam Morey, public affairs manager for the Lawsuit Reform Alliance of New York. California, Florida and New York are the leading jurisdictions for these lawsuits, he says…

NAFCU attends today’s oral arguments in CU’s ADA case

October 30, 2018 | Source: National Association of Federally-Insured Credit Unions | Credit Union, ADA, NAFCU, Digital Accessibility

NAFCU will attend oral arguments held today by the U.S. Court of Appeals for the Fourth Circuit over a meritless lawsuit filed against the Department of Labor Federal Credit Union (DOLFCU) regarding unclear website accessibility standards under the Americans with Disabilities Act (ADA). Not only did NAFCU file an amicus brief in support of the credit union in this case, but it also stood by DOLFCU during its first hearing earlier this year. NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt and Vice President of Regulatory Compliance Brandy Bruyere will attend today’s arguments…

Blind Customers Sue Walmart Over Self-Service Accessibility

October 29, 2018 | Source: NBC 6 South Florida& WSYM-TV | ADA, Lawsuits/Litigation, Blindness/Visual Impairment

A new lawsuit contends Walmart’s self-checkout kiosks aren’t fully accessible to blind customers and therefore violate the Americans with Disabilities Act. Three blind Maryland residents and the National Federation of the Blind filed the lawsuit in federal court Oct. 25, The Baltimore Sun reports. The lawsuit also says an employee at an Owings Mills location selected cash back from a plaintiff’s debit card and took $40 without her knowledge…

DOJ confirms websites are covered by ADA, but offers some flexibility to businesses in complying

October 25, 2018 | Source: EmployerLINC | DOJ, Digital Accessibility, Awareness, ADA, Title III

Hundreds of recent lawsuits have claimed that companies must have websites that are accessible to disabled individuals. The idea is that a website is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), and therefore must be accessible for all. Common website problems, including incompatibility with screen-reading software, may create barriers for disabled individuals. While the ADA itself does not mention websites, the U.S. Department of Justice (DOJ) had long taken the position that websites were covered under the ADA…

Domino’s: Ninth Circuit Hears Web Accessibility Appeal Argument

October 19, 2018 | Source: Seyfarth Shaw & United States Court of Appeals for the Ninth Circuit (Video) | Appeal, Digital Accessibility, Domino’s, Lawsuits/Litigation | Robles v. Domino’s Pizza | ARIZONA

In the increasing morass of varying state and federal district court opinions in website accessibility cases, we will soon have two additional federal appellate decisions to provide more guidance of precedential value to federal trial courts. Most recently, on

October 12, the Ninth Circuit heard the parties’ oral arguments in Robles v. Domino’s Pizza. On

October 4, the Eleventh Circuit heard oral argument in Gil v. Winn-Dixie. We attended the Robles argument. Sitting on the Domino’s Ninth Circuit panel were Ninth Circuit Judges Watford and Owens, and Arizona District Court Judge Zipps…

Lawsuit alleges ADA violations at Safeco Field

October 19, 2018 | Source: The Seattle Times | ADA, Litigation, Sports/Entertainment, Wheelchair, Disability Rights

Seattle Mariners fans who use wheelchairs are forced to endure a “second-class” experience when they attend games at Safeco Field, according to a new lawsuit against the team and the public facilities district that owns the stadium. A nonprofit disability-rights law firm filed the suit Monday, claiming conditions at the ballpark violate state and federal law, including the Americans with Disabilities Act. The firm represents four Washington residents who use wheelchairs and have attended games at Safeco Field this year. Each encountered issues with seating, food service or access to certain parts of the stadium, the suit alleges…

2018 ADA Website Cases Surpass 2017

October 18, 2018 | Source: 3PlayMedia | DOJ, ADA, Digital Accessibility, Litigation

Due to the Department of Justice (DOJ) withdrawing their plans to update the Americans with Disabilities Act (ADA), we won’t be seeing web accessibility regulations anytime soon. However, the lack of regulations under the ADA isn’t equating to a lack of web accessibility lawsuits. The motion to update the ADA was officially withdrawn in 2017, but the number of ADA website cases still surpassed that of 2017 within the first six months of 2018. It’s clear that web accessibility lawsuits aren’t slowing down, making the need for regulations more pertinent than ever before…

Settlement Agreement Between The United States And Northern Michigan University Under The Americans With Disabilities Act

October 18, 2018 | Source: ADA | Settlement, ADA, University, Mental Health, Discrimination

Today the Justice Department announced that it has reached a settlement agreement with Northern Michigan University (NMU). The settlement agreement resolves complaints under the Americans with Disabilities Act (ADA) that NMU discriminated against students with mental health disabilities. Specifically, the Department investigated allegations that NMU took adverse action against certain students with mental health disabilities, including allegations that the University required certain students to sign contracts that barred them from talking, even with their friends at NMU, about self-destructive thoughts or face discipline, including involuntary withdrawal from the University. Under the agreement, NMU agreed to pay a total of $173,500 in compensatory damages to four (4) aggrieved individuals identified by the United States in its investigation. NMU will also adopt and implement policies and conduct training…

Digital Accessibility for Law Firms: Why Lawyers Need to Prioritize Accessibility

October 17, 2018 | Source: Bigger Law Firm Magazine | Digital Accessibility, Law Firms, Awareness

Your firm’s reputation and business could get a boost because you are capable of meeting and serving people who have a disability. As more potential clients continue to search for attorneys online, law firms must prioritize digital accessibility. This means making sure technology is available to a wide range of users, including people with disabilities. According to the 2010 national Census Bureau report, one in five, or about 56.7 million people, have had or have a disability. People with a disability may sometimes have trouble learning and utilizing new technologies…

California Man Sues Edward Jones over Wheelchair Accessibility

October 16, 2018 | Source: AdvisorHub | Wheelchair, Mobility, ADA, Lawsuits/Litigation

Edward D. Jones & Co. was sued on Wednesday in federal court over claims that one of its California offices is inaccessible to wheelchair-bound individuals. Guy Fairon, who describes himself as “an individual with a mobility disability who is at times dependent upon a wheelchair,” claims that a Jones branch in Huntington Beach has a steep curb ramp around the sidewalk that is in excess of the 2% maximum grade allowed by the Americans with Disability Act’s accessibility guidelines…

Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business

October 15, 2018 | Source: Jackson Lewis P.C. | ADA, Lawsuits/Litigation, Title III, Digital Accessibility | Gomez v. Knife Management, LLC | FLORIDA

With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation. The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. Fla. Sep. 14, 2018). The Defendant owns and operates a chain of restaurants. There is no dispute that the restaurants are places of public accommodation covered by the ADA…

Justice Department failing disabled people and businesses, advocates and attorneys say

October 12, 2018 | Source: WUSA9 | Disability Rights, DOJ, ADA, Awareness

We live in an age where the phone in your hand holds the answer to almost any question. Our cars drive themselves. Astronauts can use social media in outer space. Yet, advocates argue innovation is ignoring disabled Americans, denying their right to access the Internet, and leaving millions of people lost in the digital space. Eric Bridges is one of those people. Juvenile rheumatoid arthritis robbed Eric of his sight by the time he turned 16. When most of his friends started driving, Eric was reading braille and walking with a cane…

NBC Hit With Accessibility Suit Over Screen-Reading Software

October 10, 2018 | Source: Law360 (Paid Subscription) | Lawsuits/Litigation, Discrimination, Screen-reader, Blindness/Visual Impairment, Media | Burbon v. NBCUniversal Media | NEW YORK

NBC’s website can’t be read by screen-reading software used by the visually impaired, according to a discrimination suit in New York federal court that accused the company of keeping the blind…

Florida Court Dismisses Website Accessibility Case, Clarifying “Nexus” Requirement For Stating A Claim Under The ADA

October 10, 2018 | Source: Seyfarth Shaw & Price V. Everglades College, Inc. | ADA, Higher Education, Digital Accessibility, Lawsuits/Litigation | Price v. Everglades College | FLORIDA

Allegations that an inaccessible website prevents a blind plaintiff from “learning” about a brick-and-mortar location are insufficient to state an ADA claim, according to one recent federal court decision in Florida. In Price v. Everglades College, the plaintiff alleged that he called a private university to learn about the institution, but was directed instead to its website. While attempting to visit the website, he allegedly discovered that his screen reader software could not access information provided there, and Plaintiff thereafter filed suit under Title III of the ADA…

Blind woman files suit over Empire Resorts website access

October 8, 2018 | Source: Times Herald-Record | Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment, ADA, Entertainment | Mendez v. Empire Resorts and Mendez v. Promenade Senior Living | NEW YORK

Two local businesses got swept up in a wave of lawsuits throughout the state filed by a blind woman who alleges their websites violate the Americans with Disabilities Act. Since June 1, Himelda Mendez has filed 41 lawsuits in U.S. District Court for the Southern District of New York, including one against Empire Resorts, Inc., which owns Resorts World Catskills and Monticello Casino & Raceway in Sullivan County. The case against Empire Resorts specifically singles out the casino’s website as not being accessible for the visually impaired…

Winn-Dixie Urges Court to Reverse Landmark ADA Website Ruling

October 8, 2018 | Source: Daily Business Review & Fox Rothschild | ADA, Digital Accessibility, Winn-Dixie, Lawsuits/Litigation, Food Services | Gil v Winn-Dixie | FLORIDA

Winn-Dixie Stores Inc. on Oct. 4 asked the Miami-Dade Circuit Court to reverse a key 2017 ruling involving the rights of blind internet users, paving the way for a host of similar website accessibility lawsuits. The original case was brought by legally blind Miami resident Juan Carlos Gil, a Winn-Dixie rewards member and regular customer who claimed that the store’s website blocked his access to certain goods and services. Gil had tried to use Winn-Dixie’s site to refill prescriptions and access coupons, but found that its features weren’t compatible with the computer screen reading program he used…

First lawsuits over disabled access to website make their way to Minnesota

October 7, 2018 | Source: Twin Cities-Pioneer Press | Lawsuits/Litigation, Digital Accessibility, Disability Rights, Government | McCourt v. Carver County, McCourt v. Chanhassen, City of, and McCourt v. Norwood Young America, City of | MINNESOTA

Echoing a recent trend in other states, for the first time a lawsuit has been filed in Minnesota alleging that websites — in this case, belonging to a county and couple of cities — violate disability law. Much like lawsuits demanding such things as wheelchair ramps and handicap parking, the suits claim the defendants’ digital real estate is so inhospitable it denies access. Late last month, Noah J. McCourt, a disability advocate with autism from Waconia, sued Carver County as well as the cities of Norwood Young America and Chanhassen in federal court, claiming their websites violated both state and federal disability law…

TD Ameritrade to Settle Blind Woman’s Website Accessibility Lawsuit

October 4, 2018 | Source: AdvisorHub | Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment, Settlement, Financial Services | Aldworth v. TD Ameritrade | NEW YORK

TD Ameritrade Inc. and a blind customer who claimed she could not access key pages of the broker-dealer’s website in an alleged violation of the Americans with Disabilities Act have reached an agreement in principle to settle her discrimination lawsuit. The discount brokerage firm will “ensure that all feasible components of its website are rendered accessible by certain deadlines, with key features being prioritized,” and will pay attorneys’, court and expert witness fees to Elizabeth Aldworth, the New York State resident who filed the class-action lawsuit in February…

Court Says Website Access Case for Deaf May Proceed

October 3, 2018 | Source: National Association of the Deaf | Digital Accessibility, Deaf/Hearing Impaired, ADA, Government, Video | Eddie Sierra v. City of Hallandale Beach | FLORIDA

In a case of first impression and a major vindication for disability rights, the United States Court of Appeals for the Eleventh Circuit Court has ruled that deaf and hard of hearing people are not required to file a complaint with the Federal Communications Commission (FCC) before they can sue under the Americans with Disabilities Act (ADA) and Rehabilitation Act for a denial of web access. The case before the Appeals Court was Eddie Sierra v. City of Hallandale Beach, Florida. Sierra is deaf and a disability rights advocate…

DOJ Finally Chimes In On State of the Website Accessibility Legal Landscape – But Did Anything Really Change?

October 3, 2018 | Source: Epstein Becker & Green | Digital Accessibility, Government, Accessible Design, Legislation/Law

As those of you who have followed my thoughts on the state of the website accessibility legal landscape over the years are well aware, businesses in all industries continue to face an onslaught of demand letters and state and federal court lawsuits (often on multiple occasions, at times in the same jurisdiction) based on the concept that a business’ website is inaccessible to individuals with disabilities. One of the primary reasons for this unfortunate situation is the lack of regulations or other guidance from the U.S. Department of Justice (DOJ) which withdrew long-pending private sector website accessibility regulations late last year…

Keeping your website protected from lawsuits

October 3, 2018 | Source: Fast Casual | Lawsuits/Litigation, Digital Accessibility, Awareness, Food Services

A restaurant’s website can be an invaluable tool to attract new customers, hype menu offerings and retain loyal customers through valued rewards. But, does your website also put you at risk of a lawsuit? Over the past year, there has been a significant increase in the number of website disability access lawsuits filed against businesses with consumer-facing websites in virtually every industry. Just behind retail, the restaurant industry has been hit the hardest, and the fast casual segment is certainly not immune…

DOJ Says Failure to Comply With Web Accessibility Guidelines is Not Necessarily a Violation of the ADA

October 2, 2018 | Source:Seyfarth Shaw | ADA, Digital Accessibility, Awareness, DOJ, Legislation/Law

As we reported in June, 103 members of the House of Representatives from both parties asked Attorney General Jeff Sessions to “state publicly that private legal action under the ADA with respect to websites is unfair and violates basic due process principles in the absence of clear statutory authority and issuance by the department of a final rule establishing website accessibility standards.” The letter urged the Department of Justice (DOJ) to “provide guidance and clarity with regard to website accessibility under the ADA.”…

Presumptive lawmaker ushers in accessibility at the House

October 1, 2018 | Source: Arizona Capitol Times | Lawsuit/Litigation, Mobility, Government

Being a member of the minority party of the state House of Representatives isn’t the only obstacle that may keep Jennifer Longdon away from the speaker’s desk. The presumptive Democratic member from Legislative District 24 made that observation at the foot of three steps leading up to the desk from the House floor. She uses a wheelchair, so those stairs render the dais inaccessible to her. But the House is already moving quickly to change that. Longdon, who was paralyzed in 2004 after a random, drive-by shooting, will presumably join the House in January…

Wheelchair users file lawsuit over accessibility at Camden Yards

October 1, 2018 | Source: Baltimore Sun & WBAL & Carroll County Times | Mobility, Lawsuit/Litigation, Sports/Entertainment | Henry Claypool, et al. v. Baltimore Orioles Limited Partnership, et al. | MARYLAND

Three wheelchair users have sued the Orioles and the owner of Oriole Park at Camden Yards over accessibility at the stadium, citing broken wheelchair lifts and frequently blocked views. Each said they have been trapped when a lift on the club level of the stadium has malfunctioned. And on the lower level of the stadium, they say the field isn’t visible from accessible seats anytime the crowd rises to its feet. Sharon Krevor-Weisbaum, an attorney at Baltimore law firm Brown Goldstein Levy who is representing the wheelchair users — said that violates the Americans with Disabilities Act…

September 2018

Making business websites accessible for the disabled

September 30, 2018 | Source: Newsday | Digital Accessibility, Businesses, Lawsuits/Litigation

Hundreds of companies, including at least three on Long Island, are facing lawsuits claiming their websites are not accessible to the disabled. A person who is blind or deaf could not access the information on the sites, sometimes because the sites are not compatible with assistive technology such as software that reads text aloud, the suits claim. The lawsuits are based on an interpretation of the Americans with Disabilities Act, which requires that public accommodations be accessible to disabled people…

Lawsuit claims Madison Co. juvenile court building not ADA compliant

September 27, 2018 | Source: WBBJ | Lawsuits/Litigation, ADA, Government, Mobility

A local lawyer has filed a lawsuit against Madison County, saying the juvenile court building is not compliant with Americans with Disabilities Act requirements. “It’s just a poorly designed situation and desperately needs to be fixed somehow,” said Russell Larson, a lawyer in Jackson. Larson uses an electric wheelchair after being involved in a car crash 16 years ago. He filed a lawsuit Tuesday against Madison County, claiming the Walter Baker Harris Juvenile Court Building has non-accessible parking spaces marked as handicap along with a non-compliant ramp and elevator…

Restaurants Continue To Face Litigation Over ADA

September 26, 2018 | Source: Total Food Service | ADA, Lawsuits/Litigation, Food Service

Back in the early 2000s, a federal judge in Florida decried that certain aspects of the Americans with Disabilities Act (ADA) created a “cottage industry” where lawyers would be able to make significant money bringing lawsuits against restaurants and other commercial establishments for not being handicap accessible. The law’s original intent was to ensure that all members of the public, no matter if they have certain disabilities or not, are able to receive the same type of access and protection against discrimination…

City settles disability discrimination case over lack of elevator at a satellite city hall

September 26, 2018 | Source: Hawaii News Now | Discrimination, Mobility, Buildings/Facilities, Settlement, Government

The City and County of Honolulu along with the Civil Rights Commission has settled a disability discrimination case over accessibility issues at the Fort Street Mall Satellite City Hall. City officials say the case spawned from the lack of an elevator for individuals unable to use the stairs to enter the facility. The settlement was announced Wednesday, and calls for a review of the city’s non-discrimination policy, training for the staff at the location to ensure understanding of disability discrimination in public accommodations, and the maintenance of visible signs at the stairs and elevator…

DoJ Refuses Request to Issue ADA Guidance for Websites

September 26, 2018 | Source: Credit Union Times | ADA, Digital Accessibility, Discrimination, Legislation/Law

The Justice Department isn’t ready to come to the rescue of credit unions and others being hounded by lawsuits alleging that their websites are not compliant with the Americans for Disabilities Act. The Department is “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA,” Assistant Attorney General Stephen Boyd wrote in a letter Tuesday to Rep. Ted Budd. He said that “public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication.”…

Home Care Lawsuits Target Non-Compliant Websites, Payment for Training

September 25, 2018 | Source: Home Health Care News | Housing, Lawsuits/Litigation, Digital Accessibility

Typically, litigation trends in any given industry are on a bell curve — activity peaks and then starts to drop, as companies button-up their practices. But in home care, litigation has been pretty steady over the last three years, according to Angelo Spinola, a shareholder and attorney at international labor and employment legal firm Littler Mendelson. Many of the cases involve wage disputes — about 1,500 pay practice lawsuits have been filed against home care companies since 2015, Spinola said last week at the Home Health Care News Summit in Chicago…

What You Can Learn from Major Accessibility Lawsuits

September 24, 2018 | Source: 3PlayMedia | Lawsuits/Litigation, Businesses, Awareness, Digital Accessibility, ADA

There is a growing trend of companies being sued for having inaccessible websites. With the rise of the digital era, organizations are moving away from just having a brick and mortar store, to creating an online platform as well. There are even some companies that solely operate online. Before the internet became mainstream, laws like the Americans with Disabilities Act (ADA) and the Rehabilitation Act were enacted to protect people with disabilities against discrimination. These laws didn’t specify internet accessibility when they were created, so there weren’t any precedents set in place…

Colorado Springs settles accessibility lawsuit filed by disabled veteran

September 21, 2018 | Source: The Gazette | Lawsuits/Litigation, Mobility, Discrimination, Settlement, Government

Colorado Springs will pay a disabled veteran and his wife $19,000 to settle a lawsuit they filed in February claiming systemic noncompliance with federally required accessibility standards. The lawsuit was filed by Stetson Hills residents Chris and Nikole Sweeney. Diversified Property Management and the Stetson Hills Master Home Owners Association were also named as defendants in the lawsuit. The couple claimed that their neighborhood has lacked ramps and sidewalks necessary to reach public accommodations for years…

Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018

September 19, 2018 | Source: Seyfarth Shaw | Digital Accessibility, ADA, Inclusion

2018 has been a bad year for most businesses that have chosen to fight website accessibility cases filed under Title III of the ADA. Plaintiffs filing in federal court secured their second judgment on the merits in a website accessibility lawsuit, bringing the federal court judgment score to 2-0 in their favor. Additionally, in twenty-one cases where defendants filed early motions to dismiss, judges have allowed eleven to move forward. While a forty percent dismissal rate doesn’t seem bad, most of the cases that were dismissed had a common set of unique facts that most defendants don’t have…

Justice Department Urged To Address Web Accessibility

September 19, 2018 | Source: Disability Scoop & Seyfarth Shaw | Government, Digital Accessibility, ADA, Legislation/Law

Citing growing litigation, a group of senators is calling on the U.S. Department of Justice to weigh in on how the Americans with Disabilities Act applies online. In a letter to Attorney General Jeff Sessions this month, a half-dozen Republican senators said that the time is now for his agency to speak out. “Right now it is not clear whether the ADA applies to websites. This leaves business and property owners unsure of what standards, if any, govern their online services,” wrote Sens. Chuck Grassley, R-Iowa, Mike Rounds, R-S.D., Thom Tillis, R-N.C., Mike Crapo, R-Idaho, John Cornyn, R-Texas, and Joni Ernst, R-Iowa.

Choice Hotels Sued Over Missing Accessibility Info Online

September 17, 2018 | Source: Law360 (Subscription) | Travel, Digital Accessibility, Discrimination, Hospitality

NYC Hotel Operators Hit With ADA Class Suits Over Websites

September 18, 2018 | Source: Law360 (Subscription) | ADA, Digital Accessibility, Travel, Hospitality

Choice Hotels International Inc. has been hit with a proposed class action alleging the company’s online reservation system for its Comfort Inn hotel in Gainesville, Florida, fails to provide disabled users with information about the accessibility features of the rooms and hotel grounds. In a suit filed Friday in the Northern District of Florida, Fort Lauderdale resident Lanie Quarterman, who uses a wheelchair, said the Comfort Inn University Gainesville’s reservation system on its website fails to provide information about the accessible features of the hotel and…

El Granada businesses hit with ADA suits

September 5, 2018 | Source: Half Moon Bay Review | ADA, Businesses, Lawsuits/Litigation, Food Service

A San Diego law firm with a history of suing businesses for alleged violations of the Americans with Disabilities Act recently targeted several small-business owners in El Granada. Backed by the Center for Disability Access, plaintiff Samuel Love and attorney Chris Carson have reportedly sued some businesses in the area, including The Press and Easy Mart. While El Granada residents also mentioned India Beach and Harbor Pizza — located on the same strip of land alongside Avenue Alhambra — as additional recipients of the lawsuit, they could not be reached for comment…

Arguments in appellate-level ADA case against CU start Oct. 30

September 6, 2018 | Source: CUNA | ADA, Government, Digital Accessibility, Financial Services

Six Senators wrote to Attorney General Jeff Sessions Wednesday with concerns shared by CUNA over how the Americans with Disabilities Act (ADA) applies to websites. Credit unions around the country are facing legal threats due to uncertainty over how to make websites compliant with the ADA, and CUNA has made finding a solution a top priority. “Right now it is not clear the ADA applies to websites. This leaves businesses and property owners unsure what standards, if any, govern their online services,” the letter reads…

Lawsuit says Purple’s website discriminates to visually impaired

September 4, 2018 | Source: Penn Record | Lawsuits/Litigation, Discrimination, Blindness/Visual Impairment, Retail

Purple Innovation is accused of violating the Americans with Disabilities Act for allegedly failing to have a website that can be accessed by visually impaired users. Antoinette Suchenko and Lisa Gathers filed a complaint on July 23, in the U.S. District Court for the Western District of Pennsylvania, against Purple Innovation, doing business as Purple, for alleged violations of civil rights under the American with Disabilities Act (ADA). Antoinette Suchenko and Lisa Gathers, both visually impaired individuals, claim the defendant denied them and the 7 million Americans who are visually impaired to access to its website’s goods…

August 2018

“Can They Sue Me If We’re Already Fixing the Problem?” How to Build a Successful Defense Against Website Accessibility Lawsuits

August 30, 2018 | Source: Venable | Digital Accessibility, Lawsuits/Litigation

Website accessibility lawsuits are now legion. As we have previously reported, website accessibility plaintiffs have secured a series of victories in recent years, including a landmark verdict in the first-ever website accessibility trial in June 2017. Companies that face such lawsuits, or threats of such lawsuits, often have limited options for a legal defense. One potential option is a mootness argument. Under that defense, the company may assert it has removed or is removing the barriers to accessibility at issue in the lawsuit. Four recent cases show four different judicial responses to that argument…

Property Managers, Owners and Leasing Companies Are Susceptible to Website Accessibility Lawsuits

August 30, 2018 | Source: Brownstein Hyatt Farber Schreck (PDF) | Digital Accessibility, Lawsuits/Litigation, Buildings, Hospitality, Housing

The recent and pervasive trend of lawsuits being filed against companies based upon website accessibility issues, including numerous suits brought against hospitality companies for such issues and for failure to identify accessible features of their properties online, is now expanding to include property management companies in multifamily apartment buildings, property owners and other leasing entities. Despite thousands of lawsuits, many companies remain unaware of this extremely tangible risk…

Disability Access Lawsuits Are Rising. How Do You Mitigate Risk?

August 29, 2018 | Source: National Law Journal | Lawsuits/Litigation, Awareness, ADA, Digital Accessibility

Website accessibility filings are at an all-time high and, according to our data crunching and projections, expected to keep climbing. Why are they so popular? Title III of the Americans with Disabilities Act requires businesses that provide goods and services to the public to, among other things, provide physical facilities that are accessible and to provide auxiliary aids and services as necessary at no extra charge to ensure effective communication with individuals with disabilities…

Expert Opinion: Defending Lawsuits under Title III of the ADA

August 28, 2018 | Source: Chain Store Age | Lawsuits/Litigation, ADA, Advocacy, Title III

Title III of the Americans with Disabilities Act ensures that individuals with disabilities are not discriminated against with respect to the actions and activities of owners or operators of places of public accommodation such as shopping centers and strip malls, restaurants, physicians’ offices, zoos, amusement parks, museums, theaters, convention centers, arenas and stadiums. Historically, Title III lawsuits brought by individuals or public advocacy groups have focused on physical or access-related issues with respect to places of accommodation — issues that are commonly referred to as architectural barriers…

Blind woman sues Brooklyn Brewery over ‘inaccessible’ website

August 27, 2018 | Source: Brooklyn Paper | Blindness/Visual Impairment, Digital Accessibility, Discrimination, ADA, Food Service

A blind woman hauled the owners of Brooklyn Brewery to civil court on federal discrimination charges for allegedly failing to provide a handicapped-accessible website, her lawyer said. Queens resident Himelda Mendez got all hopped up after she visited brooklynbrewery.com earlier this month and found the website “inaccessible” because it was not designed to work with the screen-reading program she uses to browse the web — a discovery she claimed caused her “irreparable harm,” according to a complaint document her attorney filed in Manhattan Civil Court on Aug. 21…

Omahans file lawsuits against 87 businesses citing discrimination of people with disabilities

August 26, 2018 | Source: World Herald | Lawsuits/Litigation, Discrimination, Disability Rights, Hospitality, Food Service, Retail

The lawsuits keep coming. Sometimes one a week, sometimes two. A steadily growing mountain of legal complaints. Since moving to Omaha last year, Zach Hillesheim and Melanie Davis have filed federal lawsuits against 87 businesses, alleging discrimination under the Americans with Disabilities Act. Their targets include a wide swath of Omaha businesses: motels, gas stations and fast-food restaurants as well as local names like Kaneko, Ted & Wally’s, the Shoppes at Aksarben, Pitch Pizzeria, Wheatfields, the Nebraska Humane Society and more…

Home Depot to Pay $100K to Settle Illinois Disability Discrimination Lawsuit

August 23, 2018 | Source: Insurance Journal | Lawsuits/Litigation, Discrimination, EEOC, Settlement

Home Depot, the large national home improvement retailer, has agreed to pay a former employee $100,000 and provide other relief to settle a disability discrimination lawsuit, according to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC said Home Depot failed to provide an emergency break to an employee with irritable bowel syndrome and fibromyalgia at its Peru, Illinois, store. Instead of accommodating the employee, Home Depot fired her for allegedly violating company policy by leaving her post unattended, the federal agency charged…

Manhattan US Attorney Announces Settlement with New York City Over ADA Violations

August 20, 2018 | Source: Lawfuel | Lawsuits/Litigation, ADA, Prison, Settlement, Government

NYC agrees to bring Rikers Island into ADA compliance — even as it plans jails’ costly shutdown

August 21, 2018 | Source: New York Daily News | Lawsuits/Litigation, ADA, Prison, Settlement, Government

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States has reached a settlement with the City of New York, the New York City Department of Correction, and the New York City Health and Hospitals Corporation to resolve its investigation into violations of Title II of the Americans with Disabilities Act. Under the agreement, the City, DOC, and HHC must provide inmates with disabilities equal access to services, programs, and activities by, among other things, timely providing inmates with needed accommodations, including auxiliary aids and services, assistive devices, and medical equipment…

Apple sued over claims website is inaccessible to visually impaired users

August 20, 2018 | Source: Apple Insider & Patently Apple & The Register & iDrop News | Lawsuits/Litigation, ADA, Apple, Digital Accessibility, Blindness/Visual Impairment, Technology

Apple has become the target of a new lawsuit, one that claims the iPhone producer’s website is violating the Americans with Disabilities Act (ADA) by not being fully accessible to blind or visually-impaired consumers, due to the way the website itself is coded. Filed in the U.S. District Court of the Southern District of New York on Sunday, the complaint from the plaintiff Himelda Mendez is said to be filed on behalf of other users in a similar accessibility situation. Apple is the sole defendant in the lawsuit…

This Lawsuit Reveals How Unfriendly the Skies Can Be for Travelers With Disabilities

August 16, 2018 | Source: The Mighty | Lawsuits/Litigation, Transportation/Travel, Airline, Mobility, ACAA

On Tuesday, the Paralyzed Veterans of America filed suit against the U.S. Transportation Department to force the implementation of regulations that require single-aisle planes to have wheelchair accessible lavatories. These regulations, originally outlined in the Air Carrier Access Act of 1986, have been stalled ever since, with only wide-body jets required to have accessible restrooms since 1990. This lawsuit and the changes it seeks to compel are long overdue — but they don’t go far enough…

Crumbling Sidewalks Become a Legal Battleground

August 16, 2018 | Source: City Lab | Awareness, Mobility, Wheelchair Accessible, Government

A crack in the sidewalk can be a dangerous thing. Just last month, a woman in Atlanta made the news when she injured herself after tripping on a hole in the pavement and needed paramedics to respond. It prompted the latest in a years-long string of complaints against the conditions of sidewalks in the city, where it’s not hard to find missing pavement, crumbling curbs, cracks, or buckles. These conditions present hurdles for anybody who encounters them. For people in wheelchairs, they can be insurmountable…

Lawsuit: Oregon Sen. Jackie Winters, HOA denied bus service to child with disabilities

August 15, 2018 | Source: The Oregonian | Lawsuits/Litigation, Housing, Education

The family of a child with disabilities is suing Oregon Senate Republican Leader Jackie Winters and the Salem homeowners board on which she serves after it voted to bar the girl’s school from providing her with door-to-door bus service. A lawsuit filed in May by Erika Hernandez and Paolo Regalado says the restriction violates federal and state fair housing laws. The parents are asking the court to direct the Golf Course Estates Homeowners Association to allow the school bus back into the subdivision and award unspecified damages and legal fees…

Justice Department reaches Agreement with the City of Minneapolis to Resolve Disability and Genetic Information Discrimination

August 14, 2018 Source:ADA Complaint & ADA Agreement | Discrimination, ADA, Government

The Justice Department today announced that it reached an agreement with the City of Minneapolis to resolve its lawsuit alleging discrimination on the basis of disability and genetic information. The Justice Department’s complaint alleges that a veteran was not hired by the Minneapolis Police Department in violation of the Americans with Disabilities Act (ADA) because of his disability of post-traumatic stress disorder. The complaint also alleges that Minneapolis engaged in a pattern or practice of discrimination in violation of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) by routinely requesting and obtaining genetic information from applicants for police officer positions during the pre-employment examination process. This is the department’s first lawsuit challenging discrimination under Title II of GINA. Under the agreement, Minneapolis will pay $189,338.89 in damages to the complainant, and will implement policies, practices, and procedures to ensure that it does not discriminate in its hiring practices on the basis of disability, and does not request, require, or unlawfully obtain information in violation of the ADA or GINA. Minneapolis will also train applicable Police Department employees…

Civil case dismissed, but ADA battle involving Fresno restaurant family still brewing

August 9, 2018 | Source: Fresno Bee | Lawsuits/Litigation, ADA, Food Services

A Fresno judge has dismissed a civil lawsuit against a family-run business whose owners maintain they’re the target of what amounts to a shakedown over Americans with Disabilities Act rules. Superior Court Judge Kimberly Gaab ruled that Mission Law Firm did not follow California’s Code of Civil Procedures when it sued the Saniefar family in April 2017 because the law firm should have notified the defendants of their rights. San Francisco attorney John D. O’Connor, who represents Mission, said last week that his client still has a legitimate case against the Saniefar family…

Judge tosses ADA website suit against Aurora Policeman Credit Union

August 9, 2018 | Source: Credit Union Journal & CUNA | Digital Accessibility, Lawsuits/Litigation, Credit Union, Financial Services

A lawsuit against $17 million Aurora Policeman Credit Union, Aurora, Ill., has been dismissed for lack of standing. The decision by Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois was announced late Tuesday. The Illinois Credit Union League and the Credit Union National Association on Wednesday issued a statement noting they joined together to defend APCU by filing a joint amicus curiae brief in support of the credit union’s motion to dismiss the complaint…

The ADA Is a Serial Litigator’s Dream

August 2, 2018 | Source: The Patriot Post | ADA, Lawsuits/Litigation

In 1990, the Americans with Disabilities Act (ADA) became the law of the land, prohibiting discrimination against people with disabilities and making sure they have access to the same opportunities as everyone else. In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) expanded the definition of “disability” and overturned two court cases that allowed unnecessarily high standards of ability to be imposed on the claimants in those cases…

Website Accessibility Lawsuit Calls Foul on the Miami Heat

August 2, 2018 | Source: Klein Moynihan Turco | Digital Accessibility, Lawsuits/Litigation, Sports

A Florida man has brought a class action lawsuit against the Miami Heat Limited Partnership (“Miami Heat”) for violating Title III of the Americans with Disabilities Act (“ADA”). Andres Gomez, the Plaintiff named in the website accessibility lawsuit against the Miami Heat, is alleging that, as a blind man, the Miami Heat’s online store does not provide him with full accessibility. Many business owners are aware of more traditional ADA lawsuits brought by people with disabilities who have been barred access to certain public accommodations…

July 2018

11th Circuit Determines Informational Websites for Places of Public Accommodation Are Subject to ADA

July 31, 2018 | Source: Greenberg Traurig & PDF | Digital Accessibility, ADA, Awareness

On July 31, the U.S. Court of Appeals for the 11th Circuit issued a precedent-setting decision regarding how websites are viewed under Title III of the Americans with Disabilities Act of 1990 (ADA). In Dennis Haynes v. Dunkin Donuts LLC, et al., No. 18-10373, ___ F. 3d ___ (11th Cir. 2018), Dunkin Donuts conceded that its shops are places of public accommodation covered by the ADA but argued that its website is neither a place of public accommodation nor a good, service, facility, privilege, or advantage of its shops, and therefore its website is not covered by the ADA…

Some Credit Union ADA Cases Will Stay in Court, Judges Rule

July 31, 2018 | Source: Credit Union Times | Digital Accessibility, ADA, Lawsuits/Litigation, Credit Union, Financial Services

In recent months, District Court judges have thrown out several lawsuits against credit unions over allegations that their websites do not comply with the Americans with Disabilities Act (ADA), but recent court filings show that at least three credit unions facing similar suits may be in for a tougher battle. Judges for the Eastern District of Michigan and the Eastern District of Virginia have denied motions to dismiss cases against Casco, Michigan-based Belle River Community Credit Union; Jackson, Michigan-based Aeroquip Credit Union and Silver Spring, Maryland-based FedFinancial Federal Credit Union…

Two Recent Rulings Likely to Generate Copycat Website Accessibility Lawsuits

July 27, 2018 | Source: Steptoe & Johnson | Digital Accessibility, ADA, Lawsuits/Litigation, Title III, Serial Litigation, Retail

This week, the District Court of the Western District of Washington rejected an online retailer’s argument that an Americans with Disabilities Act (ADA) claim was moot based on remedial action taken to improve the retailer’s website after the complaint was filed. This follows on the heels of a similar decision last month from the Eleventh Circuit Court of Appeals, which ruled that a website remediation plan resulting from a settlement in an almost identical earlier-filed suit is not enough to moot a new lawsuit’s demand for injunctive relief under Title III of the ADA.

Website Accessibility Suits Threaten Omnichannel Sales

July 27, 2018 | Source: Law360 (Subscription) | Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment

In the course of the development of the common law, with its unique dependence on a sometimes unholy alliance between enacted and judge-made law, curiosities will arise. Retailers, auction houses and others with consumer websites that support physical sales facilities have seen this recently, as lawyers around the country have driven in fifth gear to their nearest federal courthouses to file lawsuits on behalf of the visually impaired, claiming that those websites exclude the visually impaired from equal access in violation of federal law…

Class Cert Nixed in Wheelchair Accessibility Lawsuit Against Steak ‘n Shake

July 26, 2018 | Source: The Legal Intelligence | Mobility, Lawsuits/Litigation, Restaurant, Disability Rights

The U.S. Court of Appeals for the Third Circuit has upended the grant of class certification to two disability rights advocates who sued the Steak ‘n Shake chain for lack of handicap accessibility to its restaurants. Chief Judge D. Brooks Smith wrote in the court’s opinion that the plaintiffs failed to meet a procedural requirement, Federal Rule of Civil Procedure 23(a), and thus the case had to be sent back to the lower court for further review…

Website accessibility lawsuits continue to plague hotels

July 26, 2018 | Source: Hotel Management | Lawsuits/Litigation, ADA, Digital Accessibility, Hospitality

The hotel and lodging industry has long been a target of Americans with Disabilities Act litigation. To no surprise, the industry has been hit hard by the latest wave of ADA litigation involving website accessibility, or so-called “surf-by” litigation (coined because someone simply visits a website to search for potential barriers to access). Countless demand letters and lawsuits alleging that a company’s website is inaccessible have resulted in private settlement agreements given the uncertain legal landscape…

The Morning Risk Report: Record Pace for Website Accessibility Lawsuits

July 23, 2018 | Source: The Wall Street Journal: Risk & Compliance Journal | Lawsuits/Litigation, ADA, Digital Accessibility

Lawsuits accusing companies of failing to make their websites accessible to people with disabilities are being filed at a record pace this year, according to an analysis from law firm Seyfarth Shaw.

If the pace continues, the number of lawsuits filed in 2018 for violating Title III of the Americans with Disabilities Act will exceed 2,000, some 30% above the 2017 total, with most of the new cases dealing with website accessibility issues, the law firm said…

Most business websites are sitting ducks for ADA suits, experts say

July 22, 2018 | Source: Sun Sentinel | Lawsuits/Litigation, ADA, Digital Accessibility

Business owners who think that building a wheelchair ramp and grab bars in the restroom will ward off South Florida’s accessibility testers and their lawsuits need to fire up their computers, go to their websites and ask: “What’s missing?” Lawsuits accusing businesses of failing to ensure that their websites are accessible to deaf, blind, or otherwise disabled customers have been on the rise in recent years and show no sign of tapering off…

Website Access and Other ADA Title III Lawsuits Hit Record Numbers

July 17, 2018 | Source: Seyfarth Shaw | ADA, Lawsuits/Litigation, Digital Accessibility

If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth. We have completed our mid-year analysis of the ADA Title III lawsuit numbers and the results are striking. ADA Title III Lawsuits (All Types). Plaintiffs filed 4965 federal ADA Title III lawsuits in just the first six months of 2018, as compared to 7,663 for all of 2017.

Frequent ADA litigant sues Palo Alto motel

July 11, 2018 | Source: The Daily Post | Lawsuits/Litigation, ADA, Education, Hospitality

The Travelodge motel in Palo Alto has been hit with a lawsuit from Scott Johnson, a quadriplegic attorney who has sued hundreds of California businesses over violations of disability access law. The suit demands tens of thousands of dollars in damages for violations found in the two-star motel’s $150 guest rooms and parking lot at 3255 El Camino Real. Johnson says the lot only has one parking space reserved for those with disabilities where two are required, and the space’s access aisle isn’t big enough to accommodate a wheelchair-accessible van…

NAFCU files amicus brief supporting Magnify Credit Union in ADA suit

July 11, 2018 | Source: Credit Union Journal | Lawsuits/Litigation, Credit Union, ADA, Digital Accessibility, NAFCU, Financial Services

The National Association of Federally-Insured Credit Union on Tuesday filed an amicus brief in support of $79 million Magnify Credit Union, Mulberry, Fla. The credit union was named in a lawsuit alleging its website violates the Americans with Disabilities Act. NAFCU noted the amicus brief it filed on behalf of Magnify CU is the 15th the trade association has initiated in support of credit unions facing litigation over what NAFCU contends are “unclear” website accessibility requirements under the ADA…

ADA website accessibility lawsuits on the rise

July 10, 2018 | Source: NewsOK | Lawsuits/Litigation, ADA, Digital Accessibility, Awareness

By now, most businesses have already installed handicap parking spaces and wider doorways as a way to make their facilities more accessible. So can they finally stop worrying about accessibility lawsuits under the Americans with Disabilities Act? Unfortunately, they may not be out of the woods yet. A recent wave of lawsuits and demand letters has been hitting businesses across the United States, alleging that businesses are violating Title III of the Americans with Disabilities Act (ADA) by not providing websites that are accessible to disabled individuals, including those with visual or hearing impairments…

NAFCU files second appellate defending Northwest Federal Credit Union, 14th ADA-related Amicus brief

July 5, 2018 | Source: CUInsight | Credit Union, ADA, NAFCU, Lawsuits/Litigation, Digital Accessibility, Financial Services

NAFCU today filed its 14th amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). This amicus, in support of Northwest Federal Credit Union, is the association’s second in a federal court of appeals and its third in support of Northwest. “NAFCU is encouraged by previous court decisions that determined the plaintiff in this case against Northwest has no standing to sue the credit union, and we are optimistic that the same will be found at the appellate level,” said NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt…

New Trend In Accessibility Lawsuits: The Class Action Complaint

July 2, 2018 | Source: Fisher Phillips | Lawsuits/Litigation, Class Action, ADA, Disability Rights

Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living finding non-compliant facilities and bringing suit to have the facility brought into compliance—while, of course, seeking recovery of their attorneys’ fees. The vast majority of these cases involve matters that can easily be and are fixed, which means the stakes and settlements are relatively small. However, when grouped together, the numbers can add up…

June 2018

Hit refresh: Eleventh Circuit decision opens door for copycat ADA lawsuits

June 29, 2018 | Source: Eversheds Sutherland | ADA, Lawsuits/Litigation, Digital Accessibility, Food Service

In a decision that may open the door for serial website accessibility lawsuits under the Americans with Disabilities Act (ADA), on June 19, 2018, the US Court of Appeals for the Eleventh Circuit ruled that the private settlement of an ADA website accessibility suit and ongoing remediation efforts by the defendant pursuant to that settlement, do not bar an ADA accessibility action filed later with respect to the same website. The decision in Haynes v. Hooters of America creates uncertainty for businesses seeking to resolve ADA website accessibility lawsuits, and may embolden plaintiffs to file multiple lawsuits against a single defendant…

Hamden Restaurant Settles ADA Complaint

June 29, 2018 | Source: Hamden Patch | ADA, Inclusion, Restaurant, Lawsuits/Litigation, Settlement, Food Service

A Hamden restaurant will make improvements to its accessibility after reaching a settlement over allegations that it wasn’t operating in compliance with the Americans with Disabilities Act. U.S. States Attorney for Connecticut John H. Durham announced Friday that his office has reached settlement agreements with Ibiza Restaurant and Mangos, LLC in Hamden, to resolve allegations that Ibiza was not operating in compliance with the ADA. Ibiza leases its premises from Mangos…

Blind Pedestrians Sue the City to Improve Crosswalk Safety

June 27, 2018 | Source: New York Times | Lawsuits/Litigation, Discrimination, Mobility, Blindness/Visual Impairment, ADA

Michael Golfo, who is legally blind, began to inch off the curb at Lexington Avenue and 63rd Street on his way home from work on Tuesday after sensing the whir of traffic moving to his left. Then he felt a tug of resistance from his guide dog, Tom. “I did not have the light,” said Mr. Golfo, 43, recalling how Tom “basically stopped me from going any further into danger.” On Wednesday, Mr. Golfo was among the plaintiffs who filed a lawsuit alleging that the city is violating the rights of the visually impaired by failing to update most of the city’s crosswalks with accessible pedestrian signals that use vibrating surfaces, noises and other vocal cues as a safety guide.

Groups sue LIRR over disabled-accessibility issues

June 27, 2018 | Source: Newsday | Lawsuits/Litigation, Transportation, ADA, Disability Rights

A group of disabled train riders have filed a federal lawsuit against the LIRR, accusing the railroad of discrimination for not doing enough to make its system accessible. The class-action suit was filed earlier this month by the Suffolk Independent Living Organization of Holtsville and members of the Long Island chapter of ADAPT, a national disabled advocacy group. The suit seeks unspecified damages and an injunction requiring the LIRR “to make all necessary modifications” to address the complaints…

Is your website ADA-compliant? Avoid becoming a litigation target

June 25, 2018 | Source: Miami Herald | Lawsuits/Litigation, Awareness, ADA, Digital Accessibility

Public-facing businesses remain targets of litigation claiming that their websites are not accessible under Title III of the Americans with Disabilities Act (ADA) and similar state and local laws. The number of such lawsuits continues to trend upward, particularly in Florida, New York and California. The legal debate over web accessibility centers around whether the ADA applies to a website and, if so, what is the extent of the ADA’s coverage and what is the standard for compliance…

The Next Phase of ADA Suits? Appeals Court

June 22, 2018 | Source: Credit Union Times | Lawsuits/Litigation, ADA, Appeals Court, Digital Accessibility

As one Washington, D.C.-based credit union prepared to head to appeals court over allegations that its website violated the Americans with Disabilities Act, Wednesday more than 100 members of Congress signed a letter asking the U.S. Attorney General to help clarify language in the 1990 law that has fueled dozens of lawsuits against credit unions around the country. The letter asked the Department of Justice to clarify whether websites are subject to the Americans with Disabilities Act and, if so, what exactly websites need to have to be considered compliant with the law…

What Lawyers Need to Know: A Primer on Digital Accessibility Terms and Today’s Legal Landscape

June 21, 2018 | Source: Microassist & LexisNexis | Awareness, ADA, Digital Accessibility

This July will mark 28 years since President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. According to the Computer History Museum, five months after the ADA was enacted, Tim Berners-Lee prototyped the “WorldWideWeb” featuring a server, HTML, URLs, and the first browser. These two momentous events have changed the course of how society functions on a day-to-day basis, leveling many a playing field by providing easier, more expedient access to public accommodations, government services, and information. While they’ve existed in parallel, the ADA and the web have now collided….

NAFCU files 13th ADA-related amicus brief, first appellate defending DOLFCU

June 20, 2018 | Source: CUinsight | Lawsuits/Litigation, NAFCU, Credit Union, ADA, Digital Accessibility, Financial Services

The National Association of Federally-Insured Credit Unions (NAFCU) today filed its 13th amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). This amicus, in support the Department of Labor Federal Credit Union, is NAFCU’s first in a federal court of appeals; DOLFCU’s case was initially dismissed in February. The association stood by DOLFCU during its first hearing earlier this year…

11th Circuit Revives Website Accessibility Lawsuit Against Hooters

June 20, 2018- Law.com & The National Law Review & Ogletree Deakins | Lawsuits/Litigation, ADA, Digital Accessibility, Food Services

The U.S. Court of Appeals for the Eleventh Circuit has revived a lawsuit filed under the Americans with Disabilities Act demanding that the Hooters restaurant chain make its website accessible for those with vision impairment, holding that a plan to come into ADA compliance does not render moot a related lawsuit. A panel of three judges in a precedential decision Tuesday in Haynes v. Hooters reversed a ruling from U.S. District Judge Robert Scola Jr. of the Southern District of Florida dismissing the lawsuit…

More Good News On ADA Litigation

June 18, 2018- The New York Credit Union Association | Lawsuits/Litigation, Credit Union, ADA, Digital Accessibility, Financial Services

Carroll v. ROANOKE VALLEY COMMUNITY CREDIT UNION is the latest victory for credit unions arguing that the individuals seeking to bring claims against credit unions because their websites violate the ADA lack standing to bring these suits. This case involved a blind individual who argued that the credit union’s website. Among other things lacked alternative text which prevented visitors from obtaining vocal descriptions of the credit union’s graphics…

Lessons from the Legal Rebel: Lainey Feingold on Structured Negotiation

June 11, 2018 | Source: IDIA | Lainey Feingold, Lawsuits/Litigation, Awareness, Negotiation, ADA, International

In a world where ‘honest lawyer’ is considered an oxymoron, (mis)characterizations of those in the legal profession as deceptive, aggressive, and combative are, unfortunately, common. In part, this can be understood within the context of the increasingly adversarial and zero-sum nature of litigation, which inherently posits two opposing sides. Leading disability rights lawyer Lainey Feingold, however, wants to solve problems differently. Rather than the skeptical and distrusting demeanor she feels some American law schools still cultivate amongst their students…

City of Atlanta Sued Over Dilapidated Sidewalks

June 11, 2018 | Source: Daily Report | Mobility, Lawsuits/Litigation, Government

With Atlanta’s newly-minted Mercedes-Benz Stadium as a backdrop, attorneys representing a potential class of disabled city residents contended that the city’s infrastructure is so poorly maintained that it violates federal laws requiring accessibility to public venues. Decatur attorney James Radford and Atlanta attorney Andrew Coffman of Parks, Chesin & Walbert announced Monday that they have sued the city in federal court in Atlanta for reneging on a 2009 settlement agreement with the U.S. Justice Department that required millions of dollars of improvements to the city’s dilapidated sidewalks…

Website ADA Lawsuit Ruling Denies Telephone Auxiliary Aid Defense, but Limits Damages

June 7, 2018 | Source: Klein Moynihan Turco & Seyfarth Shaw | Lawsuits/Litigation, ADA, Digital Accessibility, Food Services

On May 21, 2018, a California state court granted summary judgment to plaintiff Cheryl Thurston (“Plaintiff”) in a website accessibility lawsuit brought under California’s Unruh Act, which provides that a violation of Title III of the Americans with Disabilities Act is also a violation of the Unruh Act. Plaintiff, a resident of California who is legally blind, filed this website ADA lawsuit against a restaurant, the Midvale Corporation d/b/a The Whisper Lounge, in the Superior Court of California, County of Los Angeles…

Attorney: ‘L’-Evator Matter Has Been Settled

June 6, 2018 | Source: Chelsea Now | Lawsuits/Litigation, Transportation, Mobility, ADA, Settlement, Government

One part of the community lawsuit against the city’s L-train shutdown plan has been resolved, according to attorney Arthur Schwartz. “We have an agreement on station accessibility in Manhattan,” Schwartz told our sister publication, The Villager. “There is a deal, and all of the plaintiffs are reviewing it for signature, and we will announce it sometime next week. Big win.” Schwartz said, at this point, the details of the settlement of that part of the lawsuit are “still confidential,” pending the announcement…

Last update: 3/28/2022

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