By: Minh N. Vu
Seyfarth Synopsis: A recent case from the U.S. District Court for the Middle District of Florida illustrates how businesses should handle scenarios where service animals present health risks to others with severe allergies.
We all know that public accommodations must allow service animals accompanying individuals with disabilities onto their premises, but what if doing so places
Continue Reading Can Businesses Exclude Service Animals Based on the Allergies of Others?
By: Lotus Cannon and Kristina Launey
Seyfarth Synopsis: Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes.
Courts around the country are split on the issue of whether a “place of public accommodation” subject to Title III of the Americans with Disabilities Act must have a physical location where it serves the
Continue Reading Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADABy Minh N. Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024.
When we first started tracking ADA Title III lawsuits in 2013, the total for the year was only 2,722. The number climbed steadily to an all-time
Continue Reading ADA Title III Federal Lawsuit Numbers Rebound to 8,800 in 2024
By: Pamela C. Huynh, Minh N. Vu and John W. Egan
Seyfarth Synopsis: Concerned that serial plaintiffs are not actually ensuring that defendants are removing access barriers under their confidential settlement agreements, EDNY Judge Cogan takes charge.
Be careful what you ask for – that’s the adage that a serial plaintiff and her attorney should have considered before asking
Continue Reading Serial Plaintiff Seeking to Enforce a Delinquent Settlement Payment Gets a Sharp Judicial Rebuke from EDNY Federal Judge
By: Ashley S. Jenkins and Minh N. Vu
Seyfarth synopsis: The DOJ’s new step-by-step guidance for state and local governments on how to comply with new regulations that mandate accessible web content is also useful for public accommodations looking to make their websites and mobile apps accessible to individuals with disabilities.
In April 2024, the Department of Justice (“DOJ”) published
Continue Reading The DOJ Provides Practical Guidance on How to Implement a Digital Accessibility Program
By Minh N. Vu
Seyfarth Synopsis: 2024 saw some interesting developments and an uptick in lawsuit filings from 2023; expect less ADA Title III enforcement and rulemaking activity from DOJ in 2025.
The first quarter of this century concluded with yet another busy year for ADA Title III litigation. While we are still finalizing the numbers, 2024 saw a meaningful
Continue Reading Our 2024 ADA Title III Recap and Predictions for 2025
By: Ashley Jenkins and Kristina Launey
Seyfarth Synopsis: A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person.
The football season is well underway, and a recent decision from a federal California Court
Continue Reading Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules
By: John W. Egan and Minh N. Vu
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court.
The Chief Judge Laura
Continue Reading SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases
By Minh N. Vu and John W. Egan
Seyfarth synopsis: Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024.
Recognizing that more and more retailers, shopping malls, lodging facilities, gas stations, and restaurants are providing EV charging stations (“EVCS”) for customer use on their
Continue Reading U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging StationsBy Minh Vu, Kristina Launey and Susan Ryan
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”
ADA Title III filings have decreased each year since 2022. 2024 changes the narrative with an uptick in filings, albeit a small one.
Continue Reading 2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)