Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA.
Almost precisely a year after the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under
Continue Reading Hot off the Presses: DOJ Issues Proposed ADA Regulations For State and Local Government WebsitesSeyfarth Synopsis: The Department of Transportation says that an airline’s provision of an accessible alternative website violates the Air Carrier Access Act (ACAA), so are such websites an acceptable means of providing access under the ADA?
In response to the onslaught of website accessibility lawsuits against public accommodations covered by Title III of the ADA, some website accessibility consulting companies
Continue Reading Airline’s Provision of Alternative Accessible Website Triggers Hefty Fine Under the Air Carrier Access Act
Seyfarth Synopsis: Due process, DOJ’s failure to enact regulations, and whether the ADA covers websites arguments dominated the recent Domino’s Ninth Circuit oral argument.
In the increasing morass of varying state and federal district court opinions in website accessibility cases, we will soon have two additional federal appellate decisions to provide more guidance of precedential value to federal trial courts.
Continue Reading Domino’s: Ninth Circuit Hears Web Accessibility Appeal Argument
Seyfarth Synopsis: DOJ’s response to members of Congress about the explosion in website accessibility lawsuits contains some helpful guidance for public accommodations fighting these claims.
As we reported in June, 103 members of the House of Representatives from both parties asked Attorney General Jeff Sessions to “state publicly that private legal action under the ADA with respect to websites is
Continue Reading DOJ Says Failure to Comply With Web Accessibility Guidelines is Not Necessarily a Violation of the ADA
Seyfarth Synopsis: The World Wide Web Consortium just published an expanded version of the WCAG to add 17 more requirements to address new technologies and other digital barriers for individuals with disabilities.
On June 5, the private body of web accessibility experts called the World Wide Web Consortium (W3C) published its update to the Web Content Accessibility Guidelines 2.0,
Continue Reading W3C Publishes Expanded Web Content Accessibility Guidelines
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 Synopsis: California will soon have a new law requiring WCAG 2.0 AA compliance for state agencies’ websites by 2019.
On October 14, 2017 California Governor Jerry Brown signed into law AB 434, which will create a new Government Code section 11546.7 and require, beginning July 1, 2019, state agencies and state entities to post on their website home
Continue Reading California Passes Website Accessibility Requirements Applicable to State Agencies
Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make the ADA claim moot.
The number of district court judges siding with plaintiffs in website accessibility cases is increasing. On June 13, a
Continue Reading Two New York Federal Judges Refuse to Dismiss Website Accessibility Cases
Seyfarth Synopsis: Today’s first impression trial verdict finding retailer Winn-Dixie liable under Title III of the ADA for having an inaccessible website suggests that public accommodations should focus on their website accessibility efforts now.
As we reported yesterday, Florida federal District Court Judge Robert Scola last week presided over the first trial in the history of the ADA about
Continue Reading First Federal Court Rules That Having An Inaccessible Website Violates Title III Of The ADA
Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One federal judge recently said no.
Plaintiffs Rachel Gniewskowski, R. David New, and Access Now, Inc.—represented by Carlson, Lynch, Kilpela & Sweet—sued retailer Party City in the Western District
Continue Reading Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff