By Andrew C. Crane

On January 28, 2014, in Martinez v. Columbia Sportswear USA Corp., the United States Court of Appeals for the Ninth Circuit affirmed summary judgment for our three retail defendants, holding for the first time that a 60-inch long dressing room bench constitutes an “equivalent facilitation” under the 1991 ADA Standards,

By:  Karen Stephenson

The Architectural and Transportation Barriers Compliance Board (Access Board) has issued proposed accessibility guidelines for the construction and alteration of passenger vessels covered by the Americans with Disabilities Act (ADA).  These guidelines will apply to passenger vessels that provide public transportation services such as ferries and excursion boats, and public accommodation passenger

By: Kristina Launey

As we reported last year, in September 2012, the Governor signed into law legislation reforming some of California’s disability access statutes.  Most of those reforms went into effect as of the date the Governor signed the bill, but one provision becomes effective today, July 1, 2013. 

California Civil Code Section 1938

By Chris Palamountain

The U.S. Department of Justice (DOJ) announced in early April 2013 that it has reached five settlements in the past four months with health care providers (a hospital, 2 rehabilitation centers, an ear nose and throat practice, and a sports medicine center) concerning access to services for persons who are deaf.  The

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

In the past few years, the barriers faced by people who are blind, deaf, or other disabilities in using websites and other emerging technologies has increasingly become the focus of  new laws, regulatory initiatives, and lawsuits.  The annual CSUN conference is the largest, and considered the most important, annual gathering of

In 2010, the U.S. Department of Justice issued final regulations under ADA Title III that substantially revised or expanded the rules that apply to health care providers relating to the accessibility of their facilities, service animals, other power mobility devices, and effective communication with individuals with sensory disabilities.  With the election behind us, the DOJ

Minh Vu, Seyfarth Shaw’s ADA Title III Team Leader and a Department of Justice veteran, provided insights for Law360’s Expert Analysis column today on how a Romney victory tomorrow might impact important pending disability access regulations that would cover the websites, equipment, and furniture of public accommodations.  Click here to see this article.

The ABA is holding its annual 100 best legal blogs competition and we would love to have your vote!  We know it’s only been a few months but we are off to a great start, bringing you news and insights about Title III of the ADA like no other blog out there.  The deadline is

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