Seyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss.
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
Continue Reading Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018
Seyfarth Synopsis: 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
Continue Reading Website Access and Other ADA Title III Lawsuits Hit Record Numbers
Seyfarth Synopsis: Responding to the surge of website accessibility lawsuits filed under Title III of the ADA, 103 members of Congress from both parties sent a letter to Attorney General Sessions urging action to stem the tide of website accessibility lawsuits.
Just yesterday, a bi-partisan assembly of 103 members of the House of Representatives, led by Congressmen, Ted Budd
Continue Reading Members of Congress Urge DOJ to Declare That Private Website Accessibility Lawsuits Violate Due Process
On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader, and ordered the restaurant to make its website comply with the Web Content Accessibility Guidelines (WCAG) Level 2.0 AA. The
Continue Reading CA Court Rules Unruh Act Requires Website to Conform to WCAG 2.0 AA, But Denies Damages for Multiple Visits to Website
Seyfarth Synopsis: A Missouri federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances.
A federal judge in Missouri recently ordered a 4500-seat indoor theatre to provide open or closed captioning for all theatrical performances upon request with two weeks’ notice, in a lawsuit brought by deaf patrons and advocacy organizations.
The
Continue Reading Theatre Must Provide Captioning For All Live Performances Says Federal Judge
Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair Employment and Housing Act.
Over the past few years, we have frequently written about the proliferation of demand letters and lawsuits alleging that a
Continue Reading Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications
By Minh N. Vu
Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit.
Today, the House of Representatives passed the ADA Education and Reform Act (HR 620) by a vote of 225 to 192, with 12 Democrats voting for the bill. As we
Continue Reading House Passes Bill to Amend Title III of the ADA In Attempt to Curb Drive-By Lawsuits
By Kristina M. Launey, Minh N. Vu, & Susan Ryan
Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge in 2017, fueled largely by website accessibility claims; while legislative reform efforts continue to mitigate the physical accessibility portion of those lawsuit numbers.
The results of our 2017 ADA Title III lawsuit count are in,
Continue Reading ADA Title III Lawsuits Increase by 16% in 2017 Due Largely to Website Access Lawsuits; Physical Accessibility Legislative Reform Efforts Continue
Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss.
Plaintiffs were very busy in 2017 filing ADA Title III lawsuits alleging that public accommodations’ websites are not accessible to individuals with disabilities. Here is our brief recap of the 2017 website accessibility
Continue Reading 2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses
Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the record is much more developed.
No court has yet decided whether a public accommodation can comply with Title III of the ADA’s equal access mandate
Continue Reading Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More