Seyfarth Synopsis:  Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss. 

2018 has been a bad year for most businesses that have chosen to fight website accessibility cases filed under Title III of the ADA.  Plaintiffs filing in federal court secured their second judgment on the merits
Continue Reading Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018

Seyfarth Synopsis: Not long after a similar Congressional appeal, Senators sent a letter to Attorney General Sessions urging action to stem the tide of website accessibility lawsuits plaguing businesses.

On Wednesday, September 12, 2018, Senator Chuck Grassley (Iowa) announced that he and Senator Mike Rounds (South Dakota) sent a letter to United States Attorney General Jeff Sessions seeking clarification on
Continue Reading Senators Send AG Sessions Letter Seeking Clarity on Website Accessibility Under ADA

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: 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: 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: Fighting a web accessibility lawsuit could invite DOJ’s intervention, as did a Florida retailer’s recent Motion for Judgment on the Pleadings.

Fighting a website accessibility lawsuit is very tempting to many frustrated businesses, but can be a risky decision. One such risk – Department of Justice intervention in the lawsuit – came to fruition for one such business
Continue Reading A Cautionary Tale: DOJ Intervenes in Another Web Accessibility Lawsuit