By Minh N. Vu and Kristina M. Launey

Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues.

While the current administration may still be unwilling to concede the election, it appears there will indeed be a new administration in charge at the Department of Justice (DOJ) come January 20,
Continue Reading How Will DOJ Enforce Title III of the ADA in a Biden Administration?

By Myra Villamor, Minh Vu, and Kristina Launey

Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing the architectural barrier at issue does not exceed the benefits under the circumstances.”

Under the Americans with
Continue Reading Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

By Minh N. Vu, Kristina Launey, and Susan Ryan

Seyfarth synopsis:  Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual.  

In the first six months of 2020, 4,759 ADA Title III lawsuits were filed in federal court, as
Continue Reading Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

Seyfarth Synopsis: The ADA Title III team launches the final installment of its 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities. This final segment addresses how to effectively and appropriately communicate with individuals with disabilities.

We are two days away from the 30th Anniversary of the ADA.  What better way to
Continue Reading Seyfarth Team Launches Part 3 of its ADA 30: 30 Tips for 30 Years Video Series

Seyfarth Synopsis: The ADA Title III team makes a 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities.

July 26, 2020, is the 30th anniversary of the Americans with Disabilities Act.  To mark this important occasion, attorneys from Seyfarth’s ADA Title III Team put on their best work-from-home shelter-in-place attire to create a
Continue Reading ADA 30: 30 Tips for 30 Years – Seyfarth Marks the ADA’s Anniversary with a 3-Part Video Series

By Kevin Fritz

Seyfarth Synopsis:The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs with flimsy boilerplate filings. 

Judge Brenda Sannes of the Northern District of New York is apparently not going to let serial plaintiffs and their lawyers get judgments in their
Continue Reading Northern District of New York Orders Serial Plaintiff to Justify Standing in Over 27 Separate Hotel Reservations Website Lawsuits

Today, Thursday, May 21, 2020, is the ninth annual Global Accessibility Awareness Day (GAAD).  The purpose of GAAD is to provide opportunities for conversing, thinking, and learning about digital access and inclusion for people with different disabilities.  There is a ton of useful programming, which may be of interest to businesses’ in-house counsel, accessibility program managers and employees, IT and
Continue Reading Global Accessibility Awareness Day Educational Events – TODAY! May 21, 2020

By Minh Vu

Seyfarth Synopsis:  Businesses get another win in a lawsuit demanding gift cards with Braille.

Yesterday, Magistrate Judge Stewart Aaron in the Southern District of New York issued a Report and Recommendation recommending that District Judge Gardephe grant Foot Locker’s motion to dismiss a boilerplate complaint in which the blind plaintiff alleged that the retailer had violated the
Continue Reading Another New York Judge Says the ADA Does Not Require Braille Gift Cards

By Minh N. Vu and John W. Egan

Seyfarth Synopsis: Reopening businesses need to carefully consider how social distancing and other Covid-19 mitigation measures will impact customers with disabilities and be prepared to make adjustments.

Covid-19 has had a profound impact on the ways in which we use (or, more accurately, avoid) public accommodations spaces in recent months.  As
Continue Reading Reopening Businesses Face Thorny Customer-Facing ADA Issues

By Kristina M. LauneyMinh N. Vu

We’ve sheltered in place and finished our tally.  The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018. The total number of website accessibility lawsuits filed in federal court (i.e. lawsuits alleging that plaintiffs with a disability could not
Continue Reading The Curve Has Flattened for Federal Website Accessibility Lawsuits