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

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair Employment and Housing Act.

Over the past few years, we have frequently written about the proliferation of demand letters

By Minh N. Vu and Kristina M. Launey

Although “drive-by” ADA Title III lawsuits alleging physically inaccessible public accommodations facilities will continue to be a mainstay for the plaintiff’s bar, a new type of lawsuit has recently emerged:  The “surf-by” lawsuit.  In the past month, we have seen an onslaught of case filings and demand

By Kristina M. Launey

The Ninth Circuit Court of Appeals recently held that a plaintiff must show intentional, willful, affirmative discriminatory action by a public accommodation to prevail on a claim for violation of California’s Unruh Act (one of the state’s ADA Title III-corollary statutes). There are actually two avenues through which a plaintiff can

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

By Kristina M. Launey 

UPDATE:  The bill passed both houses of the Legislature and was sent to the Governor’s desk on September 1, 2012.

California businesses have for years prayed for relief from drive-by disability access lawsuits.  SB 1608 of 2008 was widely-hoped to be that savior, but has proven to have relatively little

By Minh N. Vu

On June 22, we reported on the U.S. District Court for the District of Massachusetts’ ruling that Netflix’s video streaming website is a “place of public accommodation” covered under Title III of the ADA, even though the website has no nexus to a physical place.  This ruling was not surprising given

By Kristina M. Launey

So held U.S. District Court Judge Morrison England, in the Eastern District of California, last week in a suit filed by Robert Segalman, who is blind and requires use of a wheelchair. Segalman alleged that Southwest Airlines’ improper stowage and transport of his power wheelchair caused him injury, in violation of

By Jon Meer & Myra Villamor

It is a common practice among a growing group of serial plaintiffs to slap businesses with frivolous “accessibility discrimination” lawsuits under the Americans with Disabilities Act (ADA) and similar state laws such as the California Disabled Persons and Unruh Acts.  In these cases, a person with a disability claims