Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to...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: Four years and two motions to dismiss based on the pleadings later, the National Association of the Deaf’s (NAD) online video captioning lawsuit against Harvard is moving forward to fact discovery. ...more
Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s....more
3/21/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses....more
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...more
The number of ADA Title III lawsuits filed in federal court in 2018 hit a record high of 10,163 – up 34% from 2017 when the number was a mere 7,663. ...more
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....more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dominos ,
Fast-Food Industry ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
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...more
12/31/2018
/ Air Carrier Access Act (ACAA) ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Aviation Industry ,
Consent Order ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Enforcement Actions ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to thempo is not binding....more
12/10/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Customer-Loyalty Programs ,
Disability Discrimination ,
Illusory Contracts ,
Motion to Dismiss ,
Point of Sale Terminals ,
Terms and Conditions ,
Unenforceable Contract Terms
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....more
10/3/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Due Process ,
Public Accommodation ,
Regulatory Reform ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss. ...more
9/20/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Motion to Dismiss ,
Public Accommodation ,
Regulatory Standards ,
Summary Judgment ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Is it a service animal or an emotional support animal? Do I have to allow both? How to tell one from the other, and the rules that apply....more
8/8/2018
/ Accessibility Rules ,
Air Carrier Access Act (ACAA) ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Fair Housing Act (FHA) ,
Policies and Procedures ,
Property Owners ,
Public Accommodation ,
Real Estate Market ,
Service Animals ,
Title III ,
Transportation Industry
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth....more
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...more
6/22/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Deregulation ,
Disability Discrimination ,
Due Process ,
Public Accommodation ,
Regulatory Reform ,
Regulatory Standards ,
Title III ,
Trump Administration ,
Website Accessibility ,
Website Owner Liability ,
Websites
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....more
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,...more
6/4/2018
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Damages ,
Disability Discrimination ,
Public Accommodation ,
Summary Judgment ,
Technology ,
Title III ,
Unruh Civil Rights Act ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: A Minnesota federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances....more
Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more
Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge in 2017, fueled largely by website accessibility claims; while legislative reform efforts continue to mitigate the physical accessibility...more
Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss....more
1/3/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Grocery Stores ,
Public Accommodation ,
Rewards Programs ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet...more
12/22/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Deregulation ,
Disability Discrimination ,
Public Accommodation ,
Regulatory Oversight ,
Regulatory Reform ,
Title III ,
Trump Administration ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more
Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more
10/18/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Dave & Buster's ,
Disability Discrimination ,
Franchises ,
Internet ,
Motion to Dismiss ,
Public Accommodation ,
Restaurant Industry ,
Summary Judgment ,
Telecommunications ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: The Supreme Court declines to review a Fifth Circuit decision stating that a public accommodation covered by Title III of the ADA has to be a physical place and vending machines are not sales...more