ADA Title III

Subscribe to ADA Title III
California State Capitol Museum
Picture of California State Capitol Building.

By Kristina M. Launey

Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024.

While Southern California and Burning Man revelers were hit with unprecedented severe storms in August, the California Legislature has given businesses at least a temporary reprieve from legislation that…

Continue Reading California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather Watch

By Minh Vu, Kristina Launey, and Susan Ryan

Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023.  New York remains the filing hotspot.

Continuing the trend discussed in our 2022 blog posts here and here, the number of lawsuits filed in federal courts alleging violations of Title III of the…

Continue Reading 2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline

Synopsis:  SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing.

U.S. Supreme Court Building
U.S. Supreme Court Building

As we reported several weeks ago, serial plaintiff Deborah Laufer tried to evade the U.S. Supreme Court’s (SCOTUS) consideration of a very important legal issue —the standing of…

Continue Reading SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4
Graphic of three judges.

By Minh N. Vu

Seyfarth Synopsis:  The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness.

In an unexpected and bizarre turn of events, Deborah Laufer, the plaintiff in the much-watched Acheson v. Laufer case pending before the U.S. Supreme Court (“SCOTUS”), has decided to dismiss that case…

Continue Reading SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All
ethan-hoover-zyU2gQ9mWLM-unsplash
Fair rides with lights.

By Minh Vu and Lotus Cannon

Seyfarth Synopsis:   New Eleventh Circuit decision says amusement park operators must base rider eligibility requirements on actual risks and cannot simply adopt manufacturer recommendations, even when required by state law.

How many natural limbs must a person possess to ride a roller coaster or other thrill-ride at an amusement park?  Until now, many parks…

Continue Reading Amusement Parks Can’t Invoke Arbitrary Manufacturer Safety Requirements To Restrict Riders With Disabilities, Eleventh Circuit Says
john-schnobrich-FlPc9_VocJ4-unsplash
Open laptop with hands pointing to the screen.

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and website developers.

In a classic gut and amend move mid-way through the Legislative Session, on June…

Continue Reading New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami
patrick-tomasso-SVVTZtTGyaU-unsplash
New York City skyline.

By John W. Egan and Minh N. Vu

Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.

While federal New York courts (particularly the Southern District) have historically been a friendly jurisdiction for ADA website plaintiffs, there have been…

Continue Reading Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases
pexels-gül-işık-2292837
Rolled up diploma tied in a red ribbon being handed off.

By John W. Egan, Dov Kesselman, and Ashley S. Jenkins

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement activities under Title III of the Americans with Disabilities Act (ADA) and Section…

Continue Reading OCR and DOJ Send A Message to Higher Ed:  Make Your Websites Accessible
Open laptop with law book and gavel setting on the keyboard.

By  John W. Egan and Ashley S. Jenkins

Seyfarth Synopsis: New Kansas law will allow resident businesses to sue ADA website plaintiffs and their counsel over “abusive” litigation to recover defense fees and potentially punitive damages.

The Kansas legislature recently passed The Act Against Abusive Website Access Litigation that, starting on July 1, 2023, will allow Kansas businesses to sue…

Continue Reading New Kansas Website Accessibility Law Provides Local Businesses With A Litigation Sword
pexels-ekaterina-bolovtsova-6077447
Judge writing on a document with gavel setting on the table.

By Minh N. Vu

Seyfarth synopsis:  A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing consent decree that already requires the defendant to make its website accessible.

Businesses that are sued under Title III of the ADA for allegedly having a…

Continue Reading A Consent Decree Can Provide Some Protection Against Future Website Accessibility Lawsuits