By Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and website developers.
In a classic gut and amend move mid-way through the Legislative Session, on June
Continue Reading New California Assembly Bill on Website Accessibility Could Result in a Lawsuit TsunamiSeyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda.
Lawsuit Numbers. Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it
Continue Reading ADA Title III Crystal Ball: What’s Ahead for 2023?
By Minh N. Vu
Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites.
The U.S. Court Appeals for the Ninth Circuit has longstanding precedent that only businesses with a brick and mortar location that customers can physically visit are “public accommodations” covered by Title III of the Americans with Disabilities
Continue Reading A Second California State Court Judge Says the ADA Covers Online-Only Businesses
By Minh Vu and Michael Steinberg
Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards.
It has been a gloomy month for businesses that (ordinarily) open their doors to the public, but there was a small bright
Continue Reading Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards
By Minh Vu
Seyfarth Synopsis: Miniature horses trained to perform work or tasks for a person with a disability must be allowed in public accommodations in most instances.
The news is not particularly uplifting these days, so we thought our readers would enjoy seeing clips of former California Governor Arnold Schwarzenegger’s miniature horse, Whisky (the clips also features Lulu, his
Continue Reading Mini Horses Can Be “De Facto” Service Animals Too (Plus They Are Really Cute)
On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader, and ordered the restaurant to make its website comply with the Web Content Accessibility Guidelines (WCAG) Level 2.0 AA. The
Continue Reading CA Court Rules Unruh Act Requires Website to Conform to WCAG 2.0 AA, But Denies Damages for Multiple Visits to Website
Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals.
New York recently joined an increasing number of states that have passed laws aimed at curbing abuse of laws and regulations designed to ensure that individuals with disabilities can be accompanied by their service animals in places
Continue Reading New York Passes Law Against Service Animal Fraud, Joining Other States
Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida courts.
Watching businesses deal with the at least 1,663 ADA Title III access suits filed in federal court in Florida in 2016 motivated Florida legislators to take action with House Bill 727 (“HB 727”) which went into effect on July
Continue Reading Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?
Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public accommodations can comply with the ADA by providing assistance to customers in lieu of having accessible self-service equipment.
The Supreme Court recently asked the U.S.
Continue Reading Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More
Seyfarth Synopsis: Utah businesses are experiencing an unprecedented number of ADA Title III lawsuits.
Utah used to be a good place for public accommodations that did not want to be sued for ADA Title III violations. In 2013, 2014, and 2015 combined, plaintiffs only filed a total of eight such lawsuits in federal court (1, 6, and 1, respectively).
Continue Reading Utah Is a New Hotbed of ADA Title III Federal Suits