Title III Access

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By Minh N. Vu

Seyfarth Synopsis:  California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites.

The U.S. Court Appeals for the Ninth Circuit has longstanding precedent that only businesses with a brick and mortar location that customers can physically visit are “public accommodations” covered by Title III of the Americans with Disabilities…
Continue Reading A Second California State Court Judge Says the ADA Covers Online-Only Businesses

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

Seyfarth Synopsis: The ADA Title III team makes a 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities.

July 26, 2020, is the 30th anniversary of the Americans with Disabilities Act.  To mark this important occasion, attorneys from Seyfarth’s ADA Title III Team put on their best work-from-home shelter-in-place attire to create a…
Continue Reading ADA 30: 30 Tips for 30 Years – Seyfarth Marks the ADA’s Anniversary with a 3-Part Video Series

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Seyfarth Synopsis: A second California Court of Appeal rules that websites with a nexus to a physical place of business are covered by Title III of the Americans with Disabilities Act, while a California trial court insists that online-only websites are covered as well, contradicting the U.S. Court of Appeals for the Ninth Circuit.

On June 18, 2020, the California…
Continue Reading California State Courts Continue to Issue Pro-Plaintiff Decisions in Website Accessibility Cases

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By Kevin Fritz

Seyfarth Synopsis:The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs with flimsy boilerplate filings. 

Judge Brenda Sannes of the Northern District of New York is apparently not going to let serial plaintiffs and their lawyers get judgments in their…
Continue Reading Northern District of New York Orders Serial Plaintiff to Justify Standing in Over 27 Separate Hotel Reservations Website Lawsuits

Today, Thursday, May 21, 2020, is the ninth annual Global Accessibility Awareness Day (GAAD).  The purpose of GAAD is to provide opportunities for conversing, thinking, and learning about digital access and inclusion for people with different disabilities.  There is a ton of useful programming, which may be of interest to businesses’ in-house counsel, accessibility program managers and employees, IT and…
Continue Reading Global Accessibility Awareness Day Educational Events – TODAY! May 21, 2020

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By Minh Vu

Seyfarth Synopsis:  Businesses get another win in a lawsuit demanding gift cards with Braille.

Yesterday, Magistrate Judge Stewart Aaron in the Southern District of New York issued a Report and Recommendation recommending that District Judge Gardephe grant Foot Locker’s motion to dismiss a boilerplate complaint in which the blind plaintiff alleged that the retailer had violated the…
Continue Reading Another New York Judge Says the ADA Does Not Require Braille Gift Cards

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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

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By Minh N. Vu and John W. Egan

Seyfarth Synopsis: Reopening businesses need to carefully consider how social distancing and other Covid-19 mitigation measures will impact customers with disabilities and be prepared to make adjustments.

Covid-19 has had a profound impact on the ways in which we use (or, more accurately, avoid) public accommodations spaces in recent months.  As…
Continue Reading Reopening Businesses Face Thorny Customer-Facing ADA Issues

By Kristina M. Launey & Minh N. Vu

We’ve sheltered in place and finished our tally.  The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018. The total number of website accessibility lawsuits filed in federal court (i.e. lawsuits alleging that plaintiffs with a disability could not…
Continue Reading The Curve Has Flattened for Federal Website Accessibility Lawsuits