The Department of Energy recently issued a fast-track proposed rule that would eliminate accessibility standards for facilities of recipients of federal funding under Section 504 of the Rehabilitation Act. Is ADA Title III...more
7/11/2025
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Department of Energy (DOE) ,
Deregulation ,
Disability Discrimination ,
Government Agencies ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Rehabilitation Act ,
Section 504 ,
Title III ,
Trump Administration
Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
5/5/2025
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Discovery ,
Dismissals ,
Jurisdiction ,
Litigation Strategies ,
Motion to Dismiss ,
New York ,
Serial Lawsuit Filers ,
Standing ,
Website Accessibility ,
Website Owner Liability ,
Websites
Concerned that serial plaintiffs are not actually ensuring that defendants are removing access barriers under their confidential settlement agreements, EDNY Judge Cogan takes charge....more
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause...more
Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility....more
12/13/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
New Regulations ,
Regulatory Standards ,
State and Local Government ,
Title III ,
W3C ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar....more
12/7/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: SCOTUS asked revealing questions in Wednesday's Acheson v. Laufer oral argument, but left attendees wondering whether the Court will provide much-needed guidance on the so-called “tester standing” issue...more
10/6/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Occasionally we see a story in the news that we can’t resist blogging about, and this one is no exception: Last week, an emotional support alligator named “Wally” was denied access to Citizens Bank Park in Philadelphia to...more
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA....more
8/7/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Information Technology ,
NPRM ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Title II ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more
6/5/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Educational Institutions ,
NPRM ,
OCR ,
Online Platforms ,
Rehabilitation Act ,
Section 504 ,
Title III ,
Universities ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more
11/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Gift-Cards ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market
Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year. A recent decision in New York underscores the challenges business face when ADA plaintiffs are more interested in protracted...more
Seyfarth Synopsis: A Committee in the New York State Senate aims to develop a legal standard for the accessibility of business websites under New York law, in response to the exponential increase in website accessibility...more
5/20/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Legislative Agendas ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
State and Local Government ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
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....more
Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals.
...more