By: Kristina Launey

As we reported last year, in September 2012, the Governor signed into law legislation reforming some of California’s disability access statutes.  Most of those reforms went into effect as of the date the Governor signed the bill, but one provision becomes effective today, July 1, 2013. 

California Civil Code Section 1938 requires, among other things, commercial
Continue Reading The ADA Meets Real Estate: Are Your Leases Ready For CA’s July 1 Access Requirement?

By Kristina M. Launey

On July 11, 2013, from 2:30 – 4:00 EST, the US Access Board will hold a free webinar to review requirements in the internationally recognized Web Content Accessibility Guidelines, also known as WCAG 2.0, issued by the World Wide Web Consortium (W3C). The Board has proposed referencing the WCAG 2.0 to address web accessibility in updating
Continue Reading US Access Board to Hold Webinar on Web Content Accessibility Guidelines

By John W. Egan

One common misconception about the design and construction requirements of the Americans with Disabilities Act (ADA) is that historical landmarks are exempt.  Another is that the ADA does not apply when an element is merely replaced.  A recent decision by a New Hampshire federal court dispels both of these notions.

At issue in Davis v. John
Continue Reading Historical Restoration Project Not Exempt from ADA Accessibility Requirements

By: Kristina Launey

Businesses in California have for years struggled to comply with both California’s Title 24 accessibility standards for buildings and the federal standards under the Americans with Disabilities Act (ADA) because those standards differed in many respects.  The differences became even more pronounced after the Department of Justice adopted the 2010 ADA Standards for accessible facilities.  Inconsistencies with
Continue Reading 2013 CA Building Code Will Finally Bring CA Accessibility Construction Standards Closer to Consistency With Federal ADA Standards

By Minh N. Vu

A recent case decided by a federal court in Maryland illustrates the challenge that businesses sometimes face in having to make on-the-spot decisions about whether it is safe to allow a person with a disability to engage in an activity.  The activity at issue was paintball.  A paintball park operator refused to allow a group of
Continue Reading Court Says Reasonableness of Direct Threat Determinations Made "On-The-Spot" Must Be Viewed In Context, and, Yes, People Who Are Blind Can Play Paintball

By Chris Palamountain

The U.S. Department of Justice (DOJ) announced in early April 2013 that it has reached five settlements in the past four months with health care providers (a hospital, 2 rehabilitation centers, an ear nose and throat practice, and a sports medicine center) concerning access to services for persons who are deaf.  The settlements provide insight (but not
Continue Reading Justice Department Continues Crackdown on Medical Facilities that Fail to Offer Auxiliary Aids and Services for Patients Who are Deaf

By Jon D. Meer, Myra B. Villamor, and Andrew C. Crane

Many businesses choose to settle frivolous “accessibility discrimination” lawsuits that serial plaintiffs bring under the Americans with Disabilities Act (“ADA”) and similar state laws, such as the California Disabled Persons Act (“CDPA”) and Unruh Act.  The temptation to settle is great because plaintiffs typically make settlement demands
Continue Reading Retailer Fights Back Against Serial ADA Plaintiff and Wins Trial Verdict

Interested in a free primer or refresher on ADA Title III requirements to ensure your restaurant or cafeteria is accessible?  If so, tune in to the Access Board’s April 4 webinar on the topic.  For more information and registration, go to www.accessibilityonline.org.
Continue Reading Access Board to Present April 4 Webinar on Accessible Restaurants and Cafeterias

By Chris Palamountain

Last year, we wrote about North Carolina federal courts’ dismissals of ADA Title III claims filed by serial litigant Denise Payne, an individual with cerebral palsy and the co-founder of the National Alliance for Accessibility, Inc.  Those dismissals were based on findings that Payne lacked standing to sue.  You can read our prior blog on Ms. Payne’s
Continue Reading Standing Up On Standing, Part II: North Carolina Court Permits Defendant’s Motion for Attorney’s Fees Against Serial Plaintiff

By Kristina M. Launey

In the past few years, the barriers faced by people who are blind, deaf, or other disabilities in using websites and other emerging technologies has increasingly become the focus of  new laws, regulatory initiatives, and lawsuits.  The annual CSUN conference is the largest, and considered the most important, annual gathering of thought leaders and advocates in
Continue Reading Digital Accessibility Updates from CSUN 2013: 28th Annual International Technology and Persons with Disabilities Conference