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
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Justice Department Requires Treatment Facilities to Adopt Policies For Accommodating Persons with HIV
In the past three weeks, the U.S. Department of Justice (DOJ) has announced settlements with three different health-service providers (of dentistry, pain management, eating-disorder treatment, and addiction treatment) concerning access to services for persons with HIV. The DOJ pursued each settlement under its Barrier-Free Health Care Initiative, designed to enforce health care providers’ and facilities’ compliance with
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Justice Department Obtains Civil Penalties and Retrofits From Three Manhattan Rosa Mexicano Restaurants for Alleged ADA Violations.
By Minh N. Vu
The U.S. Justice Department (DOJ) and the owners of the Rosa Mexicano restaurants at Lincoln Center, Union Square, and First Avenue recently entered into a consent decree that resolves an enforcement suit filed in October 2012. The DOJ alleged that the restaurants were not physically accessible to individuals with disabilities, in violation of Title III of
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Justice Department’s Disability Rights Section Gets a New Chief
After a long search, the Civil Rights Division of the Justice Department yesterday announced its new Chief of the Disability Rights Section (DRS), Rebecca Bond. Among other things, DRS is responsible for enforcing and issuing regulations under Title III of the ADA and enforcing the law. Ms. Bond was a Trial Attorney and a Deputy Chief of the Division’s Housing
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Department of Education Elaborates on What Schools Must Do to Provide Equal Access To Athletic Activities For Students With Disabilities
On January 25, 2013, the Department of Education’s Office for Civil Rights (“OCR”) published guidance to schools regarding their obligation to provide equal access to extracurricular athletic opportunities to students with disabilities under Section 504 of the Rehabilitation Act of 1973. Section 504 generally requires that schools receiving federal financial assistance must offer students with
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2013 CA Building Code Will Finally Make CA Accessibility Construction Standards Consistent With Federal ADA Standards
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
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Businesses With Swimming Pools and Spas Work to Install Lifts by January 31, 2013
By Minh N. Vu
The Department of Justice’s (DOJ) deadline for hotels, health clubs, and other public accommodations to retrofit their existing pools and spas with either a pool lift or sloped entry ramp is January 31, 2013. Under regulations the DOJ issued in 2010, all pools with less than 300 linear feet of wall must have either a pool
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Justice Department May Propose New Accessible Website Regulations as Early as July 2013
By Minh N. Vu
Title II Changes Come First: The Department of Justice (DOJ) recently announced a new July 2013 date for issuing a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulations that would address the obligations of state/local governments to make their websites accessible to and usable by individuals with disabilities. The DOJ stated that
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Justice Department Requires University to Adopt Extensive Measures for Students With Food Allergies
By Minh N. Vu
The U.S. Department of Justice (DOJ) recently announced a settlement with Lesley University requiring it to take comprehensive measures to accommodate the needs of students with food allergies. Under the agreement, the university must:
- Provide allergen and gluten-free food choices to students with food allergies at all dining venues;
- Allow students with food allergies to pre-order
Cal. Supreme Court Says Prevailing Defendants Are Entitled to Attorneys’ Fees in Disabled Persons Act Injunctive Relief Cases
By Kristina M. Launey and Minh N. Vu
Plaintiffs suing businesses in California for alleged disability access violations usually assert claims under a number of statutes, including the Disabled Persons Act (DPA) (Cal. Civil Code § 54 et seq.) and the Unruh Civil Rights Act (Cal. Civil Code § 51 et seq.), as well as the federal Americans with Disabilities
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