By Minh N. Vu

Seyfarth synopsis:  We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA.

Like 2020, 2021 was a tough year for businesses.  Still dealing with the constantly-changing COVID-19 landscape, businesses were also bombarded with what may be another record number of ADA Title
Continue Reading Crystal Ball 2022: More Aggressive DOJ Enforcement, More Lawsuits, and Maybe a New Rulemaking.

By Minh N. Vu

Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.

As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy.  In the nine months
Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement

By Minh Vu, Kristina Launey, Susan Ryan

Seyfarth Synopsis: ADA Title III lawsuit filings in federal courts on pace for a record year.

Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging violations of Title III of the ADA.  Our mid-year total was 4,751, due to
Continue Reading ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

By: John W. Egan

Seyfarth Synopsis: In navigating the contentious issue of COVID-19 passports, businesses need to be aware of their obligations to make reasonable modifications to their policies, practices and procedures applicable to patrons with disabilities.

New York City recently announced that it would require COVID-19 vaccination passports for many indoor activities. Conversely, some jurisdictions such as Florida and
Continue Reading Businesses Face Uncertain Landscape in Navigating COVID-19 Vaccination Passports for Customers

By Minh N. Vu

Seyfarth Synopsis: California federal trial court grants summary judgment for plaintiff, finding Domino’s violated the ADA by having a website that is inaccessible to the blind and orders Domino’s bring its website into compliance with the WCAG 2.0 guidelines.

Five years after the lawsuit was first filed, federal district court judge Jesus Bernal ruled on June
Continue Reading Court finds Domino’s Pizza Violated the ADA by Having an Inaccessible Website and Orders WCAG Compliance

By Eden Anderson

Seyfarth Synopsis: A federal judge precluded the plaintiff from multiplying his statutory damages under the Unruh Act by his alleged number of visits to the defendant’s business.

California’s Unruh Civil Rights Act (“Unruh Act”) provides for the recovery of the greater of actual damages or $4,000 in statutory damages for “each particular occasion” of access denial.  (Civil
Continue Reading Federal Judge Rejects Plaintiff’s Attempt to Inflate Unruh Act Statutory Damages by Making Multiple Visits to Business

By Kristina Launey

Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie.

As previously reported, the Eleventh Circuit made waves recently overturning a 2018 Florida federal court’s trial verdict ruling that Winn Dixie’s inaccessible website violated the ADA. On April 15, the plaintiff filed a Petition
Continue Reading Winn Dixie Saga Continues: Eleventh Circuit Actively Considering Rehearing Request

By the Seyfarth ADA Title III Specialty Team

Seyfarth Synopsis:  The Seyfarth ADA Title III Specialty Team shares thirty tips for how to provide great service to people with disabilities in three fun and informative videos.

Celebrate Global Disability Awareness Day by learning more about how to provide a great experience for your customers with disabilities!  Our popular three-part video
Continue Reading Commemorate Global Disability Awareness Day By Getting Useful Tips on How to Better Serve Customers with Disabilities

Seyfarth Synopsis: Congressmen Budd, Hudson, and Correa reintroduce the Online Accessibility Act which would govern the application of the ADA to websites and mobile applications.

By Kristina M. Launey

On February 18, 2021, U.S. Representatives Ted Budd (R-NC), Richard Hudson (R-NC), and Lou Correa (D-CA) re-introduced the Online Accessibility Act in Congress as H.R. 1100. The bill would codify the
Continue Reading Renewed Attempt at ADA Web Accessibility Legislation

By Minh N. Vu

Seyfarth synopsis:  A federal judge dismisses the first two of hundreds of pending lawsuits filed against hotels for allegedly not providing enough accessibility information on their reservations websites.

Last fall, a prolific plaintiff’s firm in California began filing lawsuits against hundreds of hotels in California on behalf of seven plaintiffs.  The plaintiffs alleged that the information
Continue Reading Two Hotels Secure Dismissals of Hotel Reservations Website Lawsuits Brought by California Serial Plaintiffs’ Firm