Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make the ADA claim moot.

The number of district court judges siding with plaintiffs in website accessibility cases is increasing. On June 13, a
Continue Reading Two New York Federal Judges Refuse to Dismiss Website Accessibility Cases

Seyfarth Synopsis:  A federal judge in the Central District of California has allowed a blind plaintiff to continue his lawsuit about the accessibility of a public accommodation’s website under Title III of the ADA, despite the diametrically opposite views of his Central District colleague.

Within a week after a Florida federal judge handed down a trial verdict finding that Winn
Continue Reading Plaintiffs Score Another Victory in a Website Accessibility Lawsuit

Seyfarth Synopsis: Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making that decision.

The litigation tide might be turning for public accommodations choosing to fight lawsuits brought by blind individuals claiming that the businesses’ websites
Continue Reading Public Accommodations are Starting to Win Website Accessibility Lawsuits

Seyfarth synopsis:  A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits.

Defendants fighting website accessibility lawsuits in the past several years have not had a great deal of success, so the recent decision by Florida federal Magistrate Judge Carol Mirando holding that
Continue Reading Florida Federal Court Holds That a Website is Not a Place of Public Accommodation

Seyfarth Synopsis: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility.

The Google Maps app now indicates if a location is “accessible” to wheelchair users.  Here’s how it works: users can now click on various storefronts and other public places within the mobile app, and it will say whether
Continue Reading Google Maps App Now Tells Users If Locations Are Accessible, But Is It Accurate and Reliable?

Seyfarth Synopsis: Fighting a web accessibility lawsuit could invite DOJ’s intervention, as did a Florida retailer’s recent Motion for Judgment on the Pleadings.

Fighting a website accessibility lawsuit is very tempting to many frustrated businesses, but can be a risky decision. One such risk – Department of Justice intervention in the lawsuit – came to fruition for one such business
Continue Reading A Cautionary Tale: DOJ Intervenes in Another Web Accessibility Lawsuit

Seyfarth Synopsis:  The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them.  Businesses should seek advice now on how to manage risk in this chaotic environment.

As we predicted, website accessibility lawsuits and threatened claims have become big business for the plaintiffs’ bar.  More law firms are filing lawsuits
Continue Reading Federal Website Lawsuits Spike; Community Banks Get Demand Letters*

Seyfarth Synopsis: DOJ announced today an extension to October 7, 2016 for the public to submit comments on the SANPRM for state and local government websites.

In May of this year the Department of Justice surprised us by issuing a Supplemental Advanced Notice of Proposed Rulemaking (SANPRM), rather than – as all expected – actually issuing a proposed regulation for
Continue Reading DOJ Extends Comment Period for ADA Title II SANPRM, Cites Impact on Title III Rule

Our research department has crunched the numbers from the federal court docket and the verdict is that the ADA Title III plaintiff’s bar and their clients are still busy filing lawsuits.  Here are the findings:

  • In 2015, 4,789 ADA Title III lawsuits were filed in federal court, as compared to 4,436 in 2014.  That 8% increase is modest compared to


Continue Reading ADA Title III Lawsuits Continue to Rise: 8% Increase in 2015

Last week, Buzzfeed reported that the United Spinal Association opposed Uber’s CEO’s nomination for Time Magazine’s Man of the Year award because Uber cars are allegedly not wheelchair accessible.  This controversy raises an important and novel question:  Are online-only businesses like Uber and Airbnb covered by Title III of the ADA, and what would coverage mean when the businesses don’t
Continue Reading Mobile Apps Like Uber and Airbnb Raise Novel ADA Title III Issues