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Judge holding gavel in courtroom

By Myra Villamor, Minh Vu, and Kristina Launey

Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing the architectural barrier at issue does not exceed the benefits under the circumstances.”

Under the Americans with…
Continue Reading Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

We love fighting – and winning – ADA Title III cases, especially those brought by serial plaintiffs.  But litigating ADA Title III claims, even in serial plaintiff cases, has its risks.  While there is often a compelling business case for fighting, a recent case out of the Southern District of New York illustrates that there may at times also be …
Continue Reading Litigate or Conciliate? Thoroughly Assess Your Title III Lawsuit Before Deciding

By Minh N. Vu

The Department of Justice’s (DOJ) deadline for hotels, health clubs, and other public accommodations to retrofit their existing pools and spas with either a pool lift or sloped entry ramp is January 31, 2013.  Under regulations the DOJ issued in 2010, all pools with less than 300 linear feet of wall must have either a pool…
Continue Reading Businesses With Swimming Pools and Spas Work to Install Lifts by January 31, 2013

By Eden Anderson

On June 7, 2012, the United States Access Board (“Access Board”) hosted a webinar to discuss new accessibility requirements for miniature golf courses.  We listened in and summarize program highlights here. 

On September 15, 2010, the Department of Justice (“DOJ”) issued new regulations adopting the 2010 ADA Standards for Accessible Design (“2010 Standards”), making the Access Board’s …
Continue Reading Highlights From Access Board Webinar On New ADA Mini-Golf Course Requirements

Photo of Splash! Lift courtesy of S.R. Smith.

By Minh N. Vu

In yet another installment of the pool lift saga that has gripped the lodging industry and other businesses with pools and spas these past five months, the Justice Department (DOJ) issued a new Q&A on May 24 that purports to clarify the obligation…
Continue Reading Justice Department Issues New Technical Guidance for Pools and Spas

By Kristina M. Launey

Contrary to popular belief, Title III of the Americans with Disabilities Act does not apply exclusively to public accommodations (businesses that provide goods and services to the general public).  Commercial facilities (privately-owned, non-residential facilities whose operations affect commerce but that do not serve customers or clients, such as factories, warehouses, or corporate office buildings) are also…
Continue Reading The 2010 ADA Standards: Commercial Facilities Are Not Public Accommodations, But Not Exempt Either