By Minh N. Vu and John W. Egan
Seyfarth Synopsis: SCOTUS asked revealing questions in yesterday’s Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue for which it granted certiorari.
The U.S. Supreme Court (SCOTUS) heard oral argument yesterday in a case arising under Title III of
Continue Reading SCOTUS Hears Oral Argument in Acheson v. Laufer
By: John W. Egan and Ashley S. Jenkins
Occasionally we see a story in the news that we can’t resist blogging about, and this one is no exception: Last week, an emotional support alligator named “Wally” was denied access to Citizens Bank Park in Philadelphia to watch a professional baseball game. We thought this would be a nice opportunity to
Continue Reading No MLB Baseball for Wally The Emotional Support Gator
Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024.
While Southern California and Burning Man revelers were hit with unprecedented severe storms in August, the California Legislature has given businesses at least a temporary reprieve from legislation that
Continue Reading California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather WatchBy Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot.
Continuing the trend discussed in our 2022 blog posts here and here, the number of lawsuits filed in federal courts alleging violations of Title III of the
Continue Reading 2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA.
Almost precisely a year after the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under
Continue Reading Hot off the Presses: DOJ Issues Proposed ADA Regulations For State and Local Government Websites
By Minh N. Vu
Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness.
In an unexpected and bizarre turn of events, Deborah Laufer, the plaintiff in the much-watched Acheson v. Laufer case pending before the U.S. Supreme Court (“SCOTUS”), has decided to dismiss that case
Continue Reading SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All
By Minh Vu and Lotus Cannon
Seyfarth Synopsis: New Eleventh Circuit decision says amusement park operators must base rider eligibility requirements on actual risks and cannot simply adopt manufacturer recommendations, even when required by state law.
How many natural limbs must a person possess to ride a roller coaster or other thrill-ride at an amusement park? Until now, many parks
Continue Reading Amusement Parks Can’t Invoke Arbitrary Manufacturer Safety Requirements To Restrict Riders With Disabilities, Eleventh Circuit Says
By John W. Egan and Minh N. Vu
Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing.
While federal New York courts (particularly the Southern District) have historically been a friendly jurisdiction for ADA website plaintiffs, there have been
Continue Reading Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases
By Minh N. Vu
Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed today.
Today, Petitioner/Defendant Acheson Hotels LLC filed its opening brief in the first ADA Title III case before SCOTUS in over eighteen years. In our view, the decision
Continue Reading SCOTUS UPDATE: Opening Brief Filed in Acheson Hotels v. Laufer
By John W. Egan, Dov Kesselman, and Ashley S. Jenkins
A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement activities under Title III of the Americans with Disabilities Act (ADA) and Section
Continue Reading OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible