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:
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
We’ve done the review and crunched the numbers: It appears that the surge of ADA Title III lawsuits we saw from 2013 to 2014 is holding strong, though possibly leveling off.
You may recall that there was a 60% increase in the number of ADA Title III lawsuits between 2013 and 2014 (2479 vs. 4436). In the first six months
Continue Reading ADA Title III Lawsuit Numbers Hold Steady for First Half of 2015
Mar
ianne Wilson of Chain Store Age Media reported today that the “ADA Education and Reform Act of 2015”, H.R. 3765, introduced yesterday, October 20, 2015, by Representatives Ted Poe (R-TX), Doug Collins (R-GA) and David Jolly (R-FL), seeks to address ADA “drive-by” lawsuits. This is a topic about which we’ve reported about numerous times, such as here.
Continue Reading ADA Reform Legislation Proponents Cite Seyfarth’s Lawsuit Data
In late July, coinciding with the 25th Anniversary of the Americans with Disabilities Act (“ADA”), the Department of Justice (“DOJ”) entered into a landmark settlement agreement with Carnival Corp. to improve the physical accessibility of 62 cruise ships sailing under the Carnival Cruise Line, Holland America Line, and Princess Cruise brands. The agreement, also addresses the accessibility of Carnival’s
Continue Reading Justice Department Applies ADA Title III To Carnival’s Cruise Ships, Website, and Mobile App in a Landmark Settlement