Equivalent Facilitation

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Disabled sign pinned on cork noticeboard

Seyfarth Synopsis:  Recent guidance from the U.S. Access Board makes it more difficult for businesses to argue that the Accessible Icon constitutes “equivalent facilitation” under the ADA, even though jurisdictions such as New York and Connecticut require the use of this alternative disability access symbol.

As we previously reported, New York State and more recently, Connecticut, passed legislation…
Continue Reading Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

By Andrew C. Crane

On January 28, 2014, in Martinez v. Columbia Sportswear USA Corp., the United States Court of Appeals for the Ninth Circuit affirmed summary judgment for our three retail defendants, holding for the first time that a 60-inch long dressing room bench constitutes an “equivalent facilitation” under the 1991 ADA Standards, which specify that benches must…
Continue Reading Ninth Circuit Affirms Summary Judgment for Retail Store Defendants

By Jon D. Meer, Myra B. Villamor, and Andrew C. Crane

Many businesses choose to settle frivolous “accessibility discrimination” lawsuits that serial plaintiffs bring under the Americans with Disabilities Act (“ADA”) and similar state laws, such as the California Disabled Persons Act (“CDPA”) and Unruh Act.  The temptation to settle is great because plaintiffs typically make settlement demands…
Continue Reading Retailer Fights Back Against Serial ADA Plaintiff and Wins Trial Verdict