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

Seyfarth Synopsis: The first trial under the ADA about the accessibility of a public accommodation’s website took place last week in the Southern District of Florida.

Last week, U.S. District Judge Robert Scola presided over — to the best of our knowledge — the first trial in the history of the ADA about the accessibility of a public accommodation’s website

Continue Reading First Public Accommodations Website Accessibility Case Goes To Trial In Florida

Seyfarth Synopsis: Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making that decision.

The litigation tide might be turning for public accommodations choosing to fight lawsuits brought by blind individuals claiming that the businesses’ websites
Continue Reading Public Accommodations are Starting to Win Website Accessibility Lawsuits

Seyfarth synopsis:  A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits.

Defendants fighting website accessibility lawsuits in the past several years have not had a great deal of success, so the recent decision by Florida federal Magistrate Judge Carol Mirando holding that
Continue Reading Florida Federal Court Holds That a Website is Not a Place of Public Accommodation

Marcapitolianne Wilson of Chain Store Age Media reported today that the “ADA Education and Reform Act of 2015”, H.R. 3765, introduced yesterday, October 20, 2015, by Representatives Ted Poe (R-TX), Doug Collins (R-GA) and David Jolly (R-FL), seeks to address ADA “drive-by” lawsuits. This is a topic about which we’ve reported about numerous times, such as here.
Continue Reading ADA Reform Legislation Proponents Cite Seyfarth’s Lawsuit Data

Domain names and internet conceptBy Minh N. Vu

For today’s Global Accessibility Awareness Day, we have yet another Department of Justice enforcement action to report relating to the allegedly inaccessible websites and other technologies.  This time, DOJ is trying to intervene in an existing lawsuit, Dudley v. Miami University, filed by a former Miami University student who is blind.  Although the lawsuit is brought under Title II of the ADA which applies to state and local government entities and not public accommodations, the obligations under the Title II and III are very similar. Thus, the DOJ’s position in this lawsuit provides useful insight into how it would treat private universities and other public accommodations covered by Title III of the ADA.

On May 12, 2015, the DOJ sought permission from the court to intervene in the lawsuit as an additional plaintiff.  If the request is granted, the lawsuit’s scope will widen.  As an individual plaintiff, Ms. Dudley can only seek injunctive relief that relates to her own disability (blindness) and attorneys’ fees.  The DOJ, on the other hand, can and is seeking injunctive relief that would benefit people with other types of disabilities such as those who are deaf or hard of hearing.  In addition, the DOJ can seek compensatory damages for past and present students who have been harmed, and a civil penalty of up to $75,000.

The DOJ’s action stems from the University’s obligation ensure that its communications with individuals with disabilities is effective.  One question we often get is whether a public accommodation is required to ensure that all of its communications with the public are effective, or just those that relate to the core goods and services that the public accommodation offers (e.g, communications by a university to students and prospective students about its courses and programs).  Some advocacy groups have taken the position that all material posted on any university website must be accessible for the benefit of the public at large, even if the material is not directly related to any coursework or other programs offered by the school.
Continue Reading Another DOJ Action over Allegedly Inaccessible Websites and Other Technologies