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
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. Egan, Dov 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 AccessibleBy 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 2022Seyfarth 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
By Minh N. Vu and Kristina M. Launey
Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to proceed against Domino’s. Domino’s styled the question presented as “Whether Title III of the ADA requires a
Continue Reading Domino’s Files Petition for US Supreme Court Review of Unfavorable Website Access Decision
By: Kristina M. Launey and Samuel Sverdlov
Seyfarth Synopsis: A SDNY judge dismissed a website accessibility lawsuit finding that the company mooted the allegations in the complaint by remediating the accessibility barriers and that the Court lacked personal jurisdiction since the company does not transact business in New York.
New York federal courts are a hotbed for ADA Title III
Continue Reading SDNY Dismisses Website Accessibility Lawsuit Based on Mootness and Lack of Personal Jurisdiction
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses.
Retailers and other businesses should be pleased with the DOJ’s pronouncement on February 25, 2019, that they can lawfully provide sales/service counter space that is less than 36” long, as long as the entire space is at an accessible height of
Continue Reading Justice Department: Businesses Can Provide Less Than 36″ Of Clear Sales/Service Counter Space If Counter Is At An Accessible Height