By Ashley S. Jenkins and Kristina M. Launey

Seyfarth Synopsis: A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal.

It is a common misconception

Continue Reading Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

By Minh N. Vu and John Egan

Seyfarth SynopsisThe DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions. 

Update: On April 24, 2024, the Final Rule was published in the Federal Register.  Under the

Continue Reading DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

By Lotus Cannon and Minh Vu

Seyfarth Synopsis:  SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing.

The U.S. District Court for the Southern District of New York (SDNY) has been a highly favored venue for serial plaintiffs bringing website accessibility lawsuits for years – at least in part because many

Continue Reading SDNY Judge Gets Tough on Serial Website Plaintiffs

By Minh N. Vu & John W. Egan

Seyfarth Synopsis:  SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar. 

Yesterday, SCOTUS issued its decision in Acheson v. Laufer which – to the disappointment of private businesses and the defense bar – leaves unanswered the question of

Continue Reading SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer

By Kristina M. Launey

Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024.

While Southern California and Burning Man revelers were hit with unprecedented severe storms in August, the California Legislature has given businesses at least a temporary reprieve from legislation that

Continue Reading California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather Watch

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and website developers.

In a classic gut and amend move mid-way through the Legislative Session, on June

Continue Reading New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

By John W. Egan and Minh N. Vu

Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.

While federal New York courts (particularly the Southern District) have historically been a friendly jurisdiction for ADA website plaintiffs, there have been

Continue Reading Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases

By John W. EganDov Kesselman, and Ashley S. Jenkins

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement activities under Title III of the Americans with Disabilities Act (ADA) and Section

Continue Reading OCR and DOJ Send A Message to Higher Ed:  Make Your Websites Accessible

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021. 

2022 was another record setting year for website accessibility lawsuits filed in federal court.  The total number of lawsuits filed in federal court alleging that plaintiffs with a disability could not use websites

Continue Reading Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022

Seyfarth Synopsis:  The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height.

When a business provides only one sales counter for all customers to use and that entire counter is at an accessible height of 36 inches or
Continue Reading Ninth Circuit Rejects Serial Plaintiffs’ Lawsuits About the ADA’s Accessible Sales Counter Requirements