Seyfarth Synopsis:  DOJ announces that proposed rules for state and local government websites will issue July 2017.

The DOJ announced last week in the federal government’s Unified Agenda that it will be issuing a proposed rule for state and government websites in July 2017.  The Unified Agenda provided no date for the proposed rule for public accommodations websites, however.  As
Continue Reading Proposed Rule for State and Local Government Websites Slated for July 2017

Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant. 

A federal district court judge in Pennsylvania court recently held that Title III of the ADA required the Franklin Institute (“FI”) to waive the admission fee for the personal care assistant (“PCA”) of a person
Continue Reading Pennsylvania Court Says Museum Must Waive Admission Fee for Personal Care Assistants

Time concept: Hourglass on computer keyboard backgroundSeyfarth Synopsis: Public entities and private businesses have been waiting for years – since 2010 – for the Department of Justice to issue regulations setting a standard for website accessibility.  The DOJ has announced that it is stepping backward rather than moving forward in that process, withdrawing its Notice of Proposed Rulemaking on Title II regulations applicable to public entities,
Continue Reading Web Reg “Do Over?”: DOJ Withdraws Title II Notice of Proposed Rulemaking, Issues Supplemental Advanced Notice Seeking Further Comments

Time concept: Hourglass on computer keyboard backgroundBy Minh N. Vu

According to the Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions, the Department of Justice (DOJ) will issue no proposed regulations for public accommodations websites until least April 2016 — nearly a year from now. However, the proposed regulations for state and local government websites, originally slated for December 2014, should be out
Continue Reading Website Regulations Update: Public Accommodations Proposed Regs Further Delayed BUT State and Local Proposed Rules Due Out. . . Now?

By Eden Anderson

As we have previously noted, Title III of the ADA requires that public accommodations provide, at their expense, “auxiliary aids and services” to ensure “effective communication” with persons with hearing disabilities.  The “nature, length, complexity, and context of the communication” at issue and the individual’s “normal method of communication” must be considered before assessing whether a
Continue Reading Court Holds That Hospital Does Not Have To Provide Live Interpreter For Patient “In The Throes Of A Serious Heart Attack” Where Other Effective Means Provided

As we’ve previously reported, new Department of Justice rules give individuals with mobility disabilities the right under the ADA to use a wide variety of non-traditional powered mobility devices in public accommodations facilities.  The lawsuits and complaints about this issue are on the rise so businesses should familiarize themselves with this issue to avoid expensive lawsuits.

On Thursday March
Continue Reading Seyfarth Title III Team To Present Webinar on Segway Use

By Minh. N. Vu

The Department of Justice (DOJ) yesterday published a proposed rule to expand the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA).  (Title II applies to state and local governments and Title III applies to public accommodations.) The revision purports to make the Title II and III regulatory
Continue Reading Justice Department Issues Proposed Rule Revising Definition of "Disability"

By:  Minh Vu

Nearly three years ago, in September 2010, the Department of Justice (DOJ) announced that it would be issuing proposed regulations governing the accessibility of websites of public accommodations and state and local governments.  The announcement came in the form of an Advanced Notice of Proposed Rulemaking which sought comments from the public about what should be in
Continue Reading Justice Department Pushes Back Date For Proposed Website Accessibility Rules – Yet Again