Seyfarth Synopsis: Massachusetts recently enacted its first statewide ride-sharing law requiring companies like Uber to provide accessible transportation for individuals with disabilities.
On the heels of news that Uber and the National Federation of the Blind (“NFB”) settled their federal court lawsuit in California, which began with a fight over whether Uber is subject to Title III of the
Continue Reading Wheels For Wheelchairs: Massachusetts Mandates Accessible Ride-Sharing
Seyfarth Synopsis: The number of access lawsuits has surged in both Arizona state and federal courts, prompting an unprecedented intervention by the Arizona Attorney General.
By our count, nearly 300 ADA Title III lawsuits have been filed in federal court in Arizona this year to date. This number represents a dramatic increase from 2015 when only 207 lawsuits were filed
Continue Reading Arizona Attorney General Steps In To Address The Surge In Access Suits Filed In His State
In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it’s newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last year’s mid-year number of 2,114. If the pace continues, the 2016 total may top 7,000. To put the numbers
Continue Reading ADA Title III Lawsuits Up 63% From 2015
Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant.
A federal district court judge in Pennsylvania court recently held that Title III of the ADA required the Franklin Institute (“FI”) to waive the admission fee for the personal care assistant (“PCA”) of a person
Continue Reading Pennsylvania Court Says Museum Must Waive Admission Fee for Personal Care Assistants
Seyfarth Synopsis: The U.S. Supreme Court’s recent Spokeo decision may lead to more careful scrutiny of whether ADA Title III plaintiffs have a sufficiently “concrete” injury to confer jurisdiction in federal court.
As reported in previous posts, some courts have, in recent years, bent over backwards to find that plaintiffs with no legitimate reason to visit a business,
Continue Reading Spokeo May Raise the Bar for Standing in ADA Title III Cases
Seyfarth Synopsis: In yet another effort to limit predatory ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation that will provide small business owners with some potential relief.
Another year, another attempt in California to reform disability access laws – which presently offer plaintiffs a $4,000 per violation bounty for suing businesses. But this
Continue Reading Latest California ADA Lawsuit Reform Attempt: “Watered Down Solution”
Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA.
As we’ve reported before, the number of ADA Title III lawsuits has surged in the past few years, mostly in part due to
Continue Reading Only a Bona Fide Patron of A Business Can Bring an ADA Suit, Maryland Court Holds
Seyfarth Synopsis: In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual, to add “audio descriptions” to many of the programs offered on its video streaming and DVD rental service.
“Audio description” is narration added
Continue Reading Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals
Last week, a California State Court became the first in the nation to rule that a retailer violated the Americans with Disabilities Act due to a website that is not accessible to individuals with vision-related disabilities. As we have previously reported, courts have ruled on whether the ADA applies to websites, but have always stopped short
Continue Reading A First: California Court Rules Retailer’s Inaccessible Website Violates ADA
Website accessibility is an evolving and complicated topic, about which we’ve written many times. Thanks to delayed regulations and the Department of Justice’s changing positions on the issue, businesses have been caught off guard and plaintiffs’ attorneys are capitalizing on the uncertainty. We have seen a surge of demand letters and lawsuits against public accommodations alleging inaccessible websites. Like
Continue Reading Website Accessibility Lawsuits By the Numbers