By: Ashley Jenkins and Kristina Launey

Seyfarth Synopsis: A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person.

The football season is well underway, and a recent decision from a federal California Court

Continue Reading Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules

Seyfarth Synopsis: The ADA Title III team launches the second installment of its 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities. This video covers reasonable modifications to normal policies, practices and procedures.

Take a look at Part 2 of our video series!

If you enjoyed Part 1 of ADA 30:  30 Tips
Continue Reading Seyfarth Team Launches Part 2 of its ADA 30: 30 Tips for 30 Years Video Series

By Minh N. Vu

Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability.  Last week, the DOJ issued a statement that “[t]he Department of Justice has been made aware of postings or flyers on the internet regarding
Continue Reading Mask Policies Put Businesses Between A Rock And A Hard Place

By Kristina M. Launey

Seyfarth Synopsis: Reopening businesses must quickly prepare for customers claiming the ADA exempts them from face mask requirements.

Business re-opening their doors to serve customers have many issues to consider, and now they must add to their list customers refusing to wear masks because of a claimed disability.

Many businesses are now requiring customers to
Continue Reading Reopening Businesses Face Customer Pushback on Mask Requirements Under ADA

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

(Photo) BushBy Kevin Fritz

This Sunday, July 26, marks the 25th anniversary of the Americans with Disabilities Act.  In the spirit of anniversary of this important law, here are 25 simple ways to make your business more accessible to customers with disabilities, and provide a great experience for them and their friends and/or family members:

  1. If the main entrance of


Continue Reading On the 25th Anniversary of the ADA, 25 Easy Ways to Make Your Business More Accessible to Customers with Disabilities

By Minh Vu and Paul Kehoe

Since we reported that the Department of Justice (“DOJ”) issued its proposed regulations last month concerning the definition of a “disability” under Titles II (applicable to state and local governments) and III (applicable to public accommodations) of the Americans with Disabilities Act (ADA), we have received a number of inquiries about the regulations’ impact and whether clients need to take any action.  We share here our initial thoughts.

Background and Key Provisions.  The proposed regulations implement the ADA Amendments Act of 2008 (ADAAA) which amended the Americans with Disabilities Act of 1990 (ADA).  Congress passed the ADAAA in response to several court decisions, including from the Supreme Court, that narrowly interpreted the definition of “disability.”   The point of the ADAAA, according to the DOJ, was to “mak[e] it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute.”

In March 2011, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulations to implement the ADAAA’s requirements for Title I of the ADA, which prohibits disability discrimination by employers.  These DOJ proposed regulations will implement ADAAA requirements for Titles II and III of the ADA, which prohibit discrimination in state and local programs and by public accommodations, respectively.  DOJ’s proposed regulations closely track the statutory requirements of the ADAAA and the EEOC’s final regulations.

The ADAAA did not change the ADA’s definition of disability, which continues to be:
Continue Reading More People Will Be Individuals With a "Disability" Under Proposed Justice Department Regulations

Image of a man on a Segway.

By Minh Vu and Paul Kehoe

Many individuals with disabilities are choosing other power-driven mobility devices (OPMDs) such as Segways™ over traditional wheelchairs and scooters to provide them with enhanced mobility.  In response, as we previously reported, the Department of Justice (DOJ) amended its regulations in 2010 to require businesses to allow the use of OPMDs in their facilities unless the business can establish that the particular OPMD cannot be operated safely within any particular facility.  Three years later, businesses still have very little practical guidance from the courts and DOJ about when they may limit the use of these devices.

The regulations specify that businesses must analyze five factors to determine whether they must allow a particular OPMD to be used in a specific facility, including (i) the type, size, weight, dimensions and speed of the device, (ii) the facility’s pedestrian traffic, (iii) the facility’s design and operational characteristics, (iv) whether legitimate safety requirements can be established to permit the safe operation of another OPMD in that facility, and (v) whether the use of that OPMD creates a substantial environmental harm or conflicts with federal land management laws.  But there is little guidance on how to apply these factors to specific situations.

The DOJ’s position is that “in the vast majority of circumstances,” public accommodations would have to admit Segways™ and other OPMDs.  In its technical guidance document, ADA Update, A Primer for Small Businesses, the DOJ encourages businesses to develop written policies based on these factors specifying when OPMDs will be permitted on their premises and to communicate those policies to the public.  However, it does not give examples of scenarios in which OPMDs can be excluded, other than to say a business may be able to limit OPMD use at certain times of the day when a facility has a high volume of pedestrian traffic.


Continue Reading Do I Have to Let Segways™ Used by Persons With Disabilities Into My Business?

By Minh N. Vu

We often hear from commercial landlords that they are not concerned about whether their tenant spaces are accessible because their leases place the obligation for complying with accessibility laws such as Title III of the ADA on the tenants.  A recent decision from the federal district court in Northern California makes clear that landlords should consider
Continue Reading Why Landlords Should Care About the Accessibility of Their Tenant Spaces

By Minh N. Vu

Owners of commercial facilities and developers of multifamily housing should take note of an alarming trend:  Some courts are not allowing owners and developers to sue their architects and consultants for designing facilities that do not comply Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) accessibility requirements.

The most recent case on this subject
Continue Reading Some Courts Say That Owners Cannot Sue Their Architects and Consultants for Designing Noncompliant Facilities