As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them) filed in federal court under Title III of the ADA exploded in 2018 to
Ninth Circuit Allows the Robles v. Domino’s Website and Mobile App Accessibility Lawsuit to Move Forward
Seyfarth Synopsis: Ninth Circuit overturns district court’s dismissal of website accessibility lawsuit on due process and primary jurisdiction grounds, remands case to proceed with discovery.
On January 15, 2019, the Ninth Circuit Court of Appeals issued the fifth federal appeals court ruling on the issue of website accessibility, and there is no doubt that it
Airline’s Provision of Alternative Accessible Website Triggers Hefty Fine Under the Air Carrier Access Act
Seyfarth 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,
Domino’s: Ninth Circuit Hears Web Accessibility Appeal Argument
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
Robles v. Dominos: Engaged Ninth Circuit Hears Web Access Appeal
This morning, October 12, in sunny Pasadena, California, the Ninth Circuit Court of Appeals heard oral argument in the Robles v. Dominos case. The main issue on appeal was whether the district court erred in applying the doctrines of primary jurisdiction and due process as the basis for granting Domino’s motion to dismiss Robles’s claims
Florida Court Dismisses Website Accessibility Case, Clarifying “Nexus” Requirement For Stating A Claim Under The ADA
Seyfarth Synopsis: Florida court rules that plaintiff must allege more than being unable to learn about a brick-and-mortar business to state a claim that an allegedly inaccessible website violates the ADA.
Allegations that an inaccessible website prevents a blind plaintiff from “learning” about a brick-and-mortar location are insufficient to state an ADA claim, according
Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018
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
Senators Send AG Sessions Letter Seeking Clarity on Website Accessibility Under ADA
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
Members of Congress Urge DOJ to Declare That Private Website Accessibility Lawsuits Violate Due Process
Seyfarth Synopsis: Responding to the surge of website accessibility lawsuits filed under Title III of the ADA, 103 members of Congress from both parties sent a letter to Attorney General Sessions urging action to stem the tide of website accessibility lawsuits.
Just yesterday, a bi-partisan assembly of 103 members of the House of Representatives,
W3C Publishes Expanded Web Content Accessibility Guidelines
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