By Kristina Launey and Julia Sarnoff

Seyfarth Synopsis:  The Department of Health and Human Services and Department of Justice recently issued Guidance for telehealth accessibility with specific examples.

During the COVID-19 pandemic, many health care providers and patients turned to telehealth as a way to provide and receive health care services while in lockdown.  Telehealth allows providers to see
Continue Reading Department of Health and Human Services and Department of Justice Issue Joint Guidance On Accessible Telehealth Services

By Kristina Launey and John W. Egan

Seyfarth Synopsis: Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II.

This week the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and
Continue Reading Website Accessibility Regulations On The Horizon: DOJ To Start Title II Rulemaking For State and Local Governments Next Year

By Minh N. Vu

Seyfarth synopsis:  The Spring 2022 Unified Regulatory Agenda is out with rulemakings on medical equipment, EV charging stations and fixed self-service transaction machines on the list of items to be addressed.

We predicted that there would be more regulatory activity in the ADA Title III universe under the Biden Administration and the Spring 2022 Unified Agenda
Continue Reading Standards for Accessible Medical Diagnostic Equipment, EV Charging Stations, and Self-Service Equipment Are Forthcoming

By Minh N. Vu

Seyfarth synopsis:  The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners.

We can only speculate as to whether it was a response to the recent demand of 181 disability advocacy groups for regulations on website accessibility, but this
Continue Reading The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights

By Eden Anderson

Seyfarth Synopsis: The DOJ issued guidance on two COVID-era access issues, confirming outdoor business operations must comply with the ADA and prohibiting medical providers from adopting blanket bans on companion accompaniment.

The Department of Justice (DOJ) recently updated its Common Questions About COVID and the ADA (“Common Questions”) to include information on issues of interest to businesses
Continue Reading DOJ Updates Its COVID-19 and ADA FAQs with Information About “Streateries” and Medical Facilities’ Visitor Policies

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 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 Minh Vu and Julia Sarnoff

Seyfarth Synopsis:  Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.”  

On October 2, 2020, Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bill called the “Online Accessibility Act” (H.R. 8478) (the “OAA”) which would amend the ADA to add
Continue Reading House Bill Introduced to Require Accessible Consumer Facing Websites and Mobile Apps

By Minh N. Vu

Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability.  Last week, the DOJ issued a statement that “[t]he Department of Justice has been made aware of postings or flyers on the internet regarding
Continue Reading Mask Policies Put Businesses Between A Rock And A Hard Place

Seyfarth Synopsis:  DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses.

Retailers and other businesses should be pleased with the DOJ’s pronouncement on February 25, 2019, that they can lawfully provide sales/service counter space that is less than 36” long, as long as the entire space is at an accessible height of
Continue Reading Justice Department: Businesses Can Provide Less Than 36″ Of Clear Sales/Service Counter Space If Counter Is At An Accessible Height