Physical Accessibility

iStock_000000578266_LargeThe Department of Justice (DOJ) announced today that it filed a lawsuit against the Gates-Chili Central School District in New York because it refused to have its teachers help a kindergarten student with epilepsy and other disabilities manage her service dog. According to the complaint, the young student was non-verbal and could not give the service dog required commands. The
Continue Reading Justice Department Sues Public School For Refusing to Manage Student’s Service Dog

(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

Review of Disabled Persons Act Applicability to Websites Withdrawn; California Agency Issues Guidance on CASp Benefits; and Novel New Serial Lawsuits Filed Against Car Dealerships

By Kristina Launey

As we’ve discussed previously, California is a hotbed for disability access suits – both based upon alleged physical accessibility violations of California law and the ADA and based upon alleged inaccessible websites. 
Continue Reading California Accessibility Update

By Kevin A. Fritz

A law firm that filed more than 100 class actions from early 2012 through 2013 is scratching that ADA itch again with new Title III class suits.  Since January of this year, the firm filed seven new lawsuits on behalf of one plaintiff.  Each lawsuit alleges that the defendants’ bank branches, located throughout Pennsylvania, are inaccessible
Continue Reading Bank Branches Sued Again in a Second Round of Title III Class Suits

By Paul Kehoe and Minh Vu

As noted in an October 2013 blog post (here), more than three years have passed since the Department of Justice (“DOJ”) revised its regulations requiring businesses and state and local governments (“covered entities”) to allow the use of other power-driven mobility devices (“OPDMDs”) in their facilities by individuals with mobility disabilities.  Unlike wheelchairs and scooters, OPDMDs are mobility devices that are not designed primarily for use by people with mobility disabilities (e.g., Segways™ and golf carts).  Last month, the DOJ issued its first full technical guidance document on this topic.  Our takeaway from this recent guidance is that DOJ does not want covered entities limiting the use of OPDMDs, especially Segways, unless there is a very good reason to do so.  DOJ also expects covered entities to develop written policies and rules for OPDMD use and train their employees on how to implement those policies.

The guidance restates the five assessment factors that covered entities should analyze when determining whether the use of a particular OPDMD type should be permitted in a particular facility by people with mobility disabilities.  They are:
Continue Reading Justice Department Issues New Guidance on the Use of Other Power-Driven Mobility Devices by Individuals with Mobility Disabilities

As we’ve previously reported, new Department of Justice rules give individuals with mobility disabilities the right under the ADA to use a wide variety of non-traditional powered mobility devices in public accommodations facilities.  The lawsuits and complaints about this issue are on the rise so businesses should familiarize themselves with this issue to avoid expensive lawsuits.

On Thursday March
Continue Reading Seyfarth Title III Team To Present Webinar on Segway Use

By Kristina M. Launey

NBC Bay Area recently aired a report by Vicky Nguyen, Jeremy Carroll and Kevin Nious, analyzing federal lawsuits that alleged ADA violations, calling it “legalized extortion.”  NBC Bay Area’s Investigative Team found from the more than 10,0000 ADA lawsuits it reviewed that had been filed in the five states with the highest disabled populations (California, Texas,
Continue Reading NBC Investigative Team Reports California Outpaces Other States in ADA Lawsuits

By Chris Palamountain

Over a year after beginning the effort, the Access Board’s Medical Diagnostic Equipment Accessibility Standards Advisory Committee ended 2013 by issuing its final report on accessibility standards for medical equipment.  This report comments on and recommends technical requirements to ensure the accessibility of certain types of medical equipment to persons with disabilities.  The report covers a wide
Continue Reading Access Board Advisory Committee Issues Report on Medical Diagnostic Equipment

By Michael Fleischer

They’re here and they’re not going away. Six weeks ago we blogged about AXS Map. Now comes AbleRoad, a much more comprehensive customer review website/mobile app that allows individuals to post online reviews of a business’s accessibility to individuals with disabilities.

AbleRoad, which worked with Yelp.com to allow both Yelp and AbleRoad ratings to be
Continue Reading YELP! – Another Website/Mobile App Launches Allowing Individuals To Rate A Business’s Accessibility To Customers With Disabilities

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?