Recent ADA website noncompliance lawsuits

Recent ADA website noncompliance lawsuits

There is no end to the number of lawsuits that have been targeted at websites that are not Americans with Disabilities Act compliant and accessible. Here’s just the tip of the iceberg:

Ninth Circuit Decision Underscores Need For Clarity On ADA’s Application In Cyberspace

January 31, 2019  |  Source: Forbes  |  ADA, Digital Accessibility, DOJ, Ninth Circuit

Debate over whether the Americans with Disabilities Act’s (ADA) applies to websites has been raging for years—mostly in the federal courts. As happens all too often, federal legislators and regulators have remained mostly mute, leaving judges to resolve this thorny question. This default appeal to the judiciary, which has produced divergent decisions, deprives website owners the consistent and transparent fair notice that the free-enterprise system needs (and that businesses deserve under our Constitution) to function…

Municipal Liability Under the ADA for Website Inaccessibility

January 30, 2019   |  Source: FordHarrison  |   ADA, Digital Accessibility, Lawsuits/Litigation

Many business owners have faced litigation under the Americans with Disabilities Act (ADA) by disabled individuals who claim the businesses’ websites are inaccessible. Now, many plaintiffs are turning their attention to municipalities and their websites. The ADA was enacted decades ago, before companies or municipalities even had websites. Yet courts across the country repeatedly have held that the law applies to internet accessibility, resulting in an increasing trend in ADA litigation over websites…

More Than 75 New York Galleries Are Slammed With Lawsuits for Allegedly Violating the ADA

January 29, 2019  |  Source: artnet News & Hyperallergic &Artsy  |  ADA, Digital Accessibility, Lawsuits/Litigation, Art

Dozens of New York galleries, including Marian Goodman, David Zwirner, and Gagosian, have been hit with lawsuits alleging they are violating the Americans With Disabilities Act (ADA) because their websites are not equally accessible to blind and visually impaired consumers. Art galleries are the latest business sector to be targeted with a wave of such lawsuits. Thousands of other businesses, including hotels, resorts, universities, and restaurants have been served with similar complaints last year…

2018 Online Accessibility Legal News Recap

January 24, 2019   |  Source: Microassist  |  Digital Accessibility, Lawsuits/Litigation, ADA

Final numbers are still coming in, but by anyone’s measure, 2018 was a record-setting year for website accessibility activity. Financial services, restaurants and grocers, casinos, pizza chains, wineries, sports teams, universities, and others all found themselves on the receiving end of complaint letters and litigation regarding their digital environments. But the legal churn didn’t stop with litigation activity. The United States and Canada each offered up legislation affecting people with disabilities, with various results…

Accessible Websites Are No Longer An Option—They’re Law

January 23, 2019   |  Source: Automation Alley  |  Digital Accessibility, Lawsuits/Litigation

An accessible website is one that includes certain features that create a comparable experience for all visitors, particularly for those who may have challenges experiencing the web. Most people are not aware that using the web is not an apples to apples experience for everyone. A quadriplegic for example, might browse webpages with a joystick powered by the tongue. Blind individuals have browsers that read websites to them. What would happen to either individual, if they encountered a site with all images and no text, or drop menus that required excessive mouse movements?…

CUNA and Michigan League Support Credit Unions in ADA Cases

January 23, 2019   |  Source: CUNA  |  CUNA, ADA, Digital Accessibility, Lawsuits/Litigation,
Credit Union

Credit Union National Association (CUNA) partnered with the Michigan Credit Union League to continue its aggressive nationwide defense of credit unions who are facing lawsuits due to uncertainty about how the Americans with Disabilities Act (ADA) applies to websites. The organizations filed two amicus briefs Tuesday in the Sixth Circuit Court of Appeals defending credit unions facing a lawsuit due to confusion over how the ADA applies to websites…

Number of ADA Title III Lawsuits Filed in 2018 Tops 10,000

January 22, 2019   |  Source: Seyfarth Shaw  |  Digital Accessibility, Lawsuits/Litigation, ADA,
Title III

ADA Lawsuits Are on the Rise, Website Complaints Biggest Targets

January 24, 2019   |  Source: Law.com  |  Digital Accessibility, Lawsuits/Litigation, ADA

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.  This is by far the highest number of annual filings since we started tracking these numbers in 2013, when the number of federal filings was only 2,722.  In other words, the number of cases has more than tripled.  California, New York, and Florida led the pack by a wide margin as the states with the most ADA Title III lawsuits, with Texas, Georgia, Pennsylvania, Arizona, Massachusetts, New Jersey, and Alabama making the top ten but trailing far behind…

ADA lawsuits targeting hotels’ websites for not disclosing how accessible they are

January 22, 2019   |  Source: Miami Herald  |  Digital Accessibility, Lawsuits/Litigation, Hotel, ADA

A Fort Lauderdale woman and her attorney who have reached settlements with at least 20 hotels and motels in Florida over the businesses’ websites not explaining how their properties meet the needs of people with disabilities have set their sights on two Keys resorts. Cheri Honeywell and her attorney, Jessica Kerr, of the Advocacy Group in Fort Lauderdale, filed lawsuits this month in federal court against the Glunz Ocean Beach Hotel and Resort in Key Colony Beach and Casa Morada in Islamorada…

Court Says Domino’s Website Must Be Accessible to the Blind

January 15, 2019  |  Sources: Courthouse News Service  and  LF Legal  and  Seyfarth Shaw  and  Epstein Becker  and  Green  and  BBC  and  MetNews  and  Business Insurance  and  Fast Company  and  Blank Rome  and  Steptoe  and  Drinker Biddle  and  Reath   |  Digital Accessibility, ADA,  Lawsuits/Litigation,  Blindness/Visual Impairment, Food Service  |  Robles v. Dominos Pizza LLC  |  FLORIDA

Domino’s Pizza must make its website and mobile app accessible to blind people using screen-reading software, the Ninth Circuit ruled Tuesday. Guillermo Robles, a blind man, filed a federal lawsuit against Domino’s in September 2016, claiming the company thwarted him twice when he attempted to order a customized pizza. Its website and mobile app didn’t work with screen-reading software, which vocalizes visual information on websites. The company also offered online-only discounts, which Robles said were effectively off-limits for him…

Disabled San Diego residents sue over e-scooter ‘obstacle course’

January 14, 2019  |  Source: Yahoo  |  E-Scooter, Mobility, Lawsuits/Litigation

A group of disabled Californians and their advocates are asking a judge to order shared ride scooter companies to remove their scooters from San Diego’s sidewalks and return money they earned by conducting business on taxpayer-funded walkways. A man born with with no arms and one leg, a blind man, a male amputee, and a man with progressed Parkinson’s disease are plaintiffs in a federal case seeking class action certification against startup companies Bird, Lime, Razor, and the city of San Diego. The plaintiffs say defendants are denying disabled people their right to travel freely and safely on public ways…

Nassau County sued over claims that website violates ADA

January 11, 2019  |  Source: WJXT News4JAX  |  ADA, Digital Accessibility, Lawsuits/Litigation,  Blindness/Visual Impairment

Two Floridians who are considered legally blind are suing Nassau County over complaints that the county’s website does not comply with the Americans with Disabilities Act. The city of Fernandina Beach received a similar complaint about its website from one of the men. In response, officials said they are taking the steps necessary to make sure their websites follow the law. The city and county aren’t alone. As the Orlando Sentinel reports, one of the men has filed almost 200 lawsuits nationwide over the lack of access to government websites for those who require screen readers…

January 7, 2019  |  Source: ABC4   

Kat Nelson lost everything after her business was sued for violating the Americans with Disabilities Act.”We just didn’t lose a business,” said Nelson.  “We lost our home and we lost our means of making money.” Nelson and her husband are in bankruptcy after a year of financial ruin. They were once owners of Mystic Hobby Games, a video game store in Sandy that shut down after they were sued. “I was absolutely shocked,” said Nelson. “I could not believe someone was suing us over ADA compliance.”…

National Federation of the Blind Sues Epic Systems: New Chapter in Accessibility Litigation for Employers and Technology Vendors

January 9, 2019   |  Source: Fredrikson & Byron  |  ADA, Digital Accessibility, Lawsuits/Litigation,  Blindness/Visual Impairment, NFB

In December 2018, the National Federation of the Blind (NFB) sued Epic Systems, a provider of one of the most widely-used electronic medical record systems in the country. This is a substantial development in an extraordinarily active area of litigation. Until now, virtually all website, app and technology accessibility litigation has been focused on Title III (the “public accommodation” provision) of the Americans with Disabilities Act, and equivalent state laws, which protect consumers…

Trend of Class Action Lawsuits Alleging Company Websites Discriminate Against Disabled Individuals Expected to Continue in 2019

January 9, 2019   |  Source: National Law Review  |  ADA, Digital Accessibility, Blindness/Visual Impairment, Class Action, Lawsuits/Litigation,  Title III

Business owners beware: 2019 promises an increased number of Federal class action lawsuits alleging that company websites and point-of-sale terminals (“POS”) violate Title III of the Americans with Disabilities Act (“ADA”). A business owner can end up paying substantial monetary damages and attorneys’ fees, in addition to the expense of redesigning and modifying their business platform to accommodate the plaintiffs. Title III of the ADA requires businesses to remove obstacles that interfere with the ability of disabled persons to access their products or services…

Website Accessibility and the Law: Why Your Website Must Be Compliant

January 9, 2019   |  Source: Search Engine Journal  |  ADA, Digital Accessibility,  Section 508

In the U.S., apart from federal, state, and local government websites which must meet Section 508 regulations, there are no enforceable ADA legal standards to follow for website accessibility. However, just because there is no straightforward set of legal requirements for website accessibility does not mean that your business will not be presented with a lawsuit. This has understandably raised alarm. Most countries provide laws protecting the civil rights of disabled persons for homes, parks, businesses, and educational facilities. What is not universal is website accessibility…

ADA Implications for Servicer Websites

January 7, 2019   |  Source: DSNews  |  ADA, Digital Accessibility, Lawsuits/Litigation

When George H.W. Bush signed into law the Americans with Disabilities Act in 1990 (ADA), it was intended to provide equal access to those with disabilities. At the time, the internet as we now know it did not exist. As a result, no one could have predicted how the ADA would interact with online services. According to a November 2018 story by the Los Angeles Times (“Lawsuits Target Access to Website”), there were nearly 5,000 ADA lawsuits filed in Federal Court for alleged website violations in the first half of 2018 alone…

Local governments on alert over lawsuits targeting ADA violations over website documents

January 4, 2019   |  Source:Orlando Sentinel  |  ADA, Digital Accessibility, Lawsuits/Litigation

The public has long been able to poke around local government websites to keep track of council or commission meetings, look up records or fill out permit applications. But counties and cities across the state have recently come under legal attack by advocates for the disabled, who say that the electronic information on the public websites is not accessible to people who are deaf or blind. At least three Central Florida cities, Lake Mary, Longwood and Oviedo, have temporarily removed many public documents from their websites to protect themselves from lawsuits alleging a violation of the Americans with Disability Act…

Beyonce.com Lawsuit Reminds Us How Shitty the Web Is for Users With Visual Impairment

January 4, 2019   |  Source:Gizmodo  |  ADA, Digital Accessibility, Lawsuits/Litigation,  Blindness/Visual Impairment

Robbing Beyoncé Blind

January 10, 2019   |  Source: City Journal

Mary Conner, a legally blind woman, filed a class-action lawsuit against Beyoncé Knowles’ entertainment company Parkwood Entertainment on Thursday alleging that the superstar’s official website isn’t accessible for visually impaired users. Conner is described in the lawsuit as having “no vision whatsoever” and alleged that she tried a number of times to visit and complete a purchase on Beyonce.com in December of last year to no avail. Conner went to Beyoncé’s website to learn about the artist and buy a Holidayoncé Embroidered Pullover Hoodie online…

Video game communications now fall under US accessibility laws

January 4, 2019   |  Source: Rock Paper Shotgun & Variety &Glitched  |  Gaming, Video Games, Digital Accessibility, CVAA

Panicking About CVAA? I Spoke to Game Accessibility Specialist Ian Hamilton to Find Out What it Means

January 4, 2019   |  Source: DualShockers

Video games may get a touch friendlier to chatty players with disabilities, as new(ish) US accessibility laws governing communication features now apply to the medium. The 21st Century Communications and Video Accessibility Act (CVAA) only covers aspects of games like text and voice chat and their UIs, not requiring any changes to how they play, and only if developers won’t need to spend an amount of time or effort to comply. It’s not clear yet quite how much will change, but some good may come of this…

The Muddy Waters of ADA Website Compliance May Become Less Murky in 2019

January 3, 2019   |  Source: Hunton Andrews Kurth  |  ADA, Digital Accessibility, Lawsuits/Litigation

The Americans with Disabilities Act (the “ADA”) has been the source of a tremendous amount of litigation since President George H.W. Bush signed it into law in 1990.  Over the past few years, Plaintiffs’ counsel have developed a cottage industry of sorts by filing thousands of lawsuits alleging that company websites are not accessible to the blind or visually impaired, in violation of Title III of the ADA, which prohibits discrimination on the basis of disability in “places of public accommodation.”  42 U.S.C. § 12182(a)…

Beyonce’s Parkwood Entertainment Sued Over Website Accessibility

January 3, 2019   |  Source: Hollywood Reporter  | ADA, Digital Accessibility, Lawsuits/Litigation

A blind woman claims she can’t use Beyonce.com without the help of a sighted companion. Beyonce Knowles’ company Parkwood Entertainment has been hit with a class action lawsuit claiming Beyonce.com violates the Americans with Disabilities Act by denying visually impaired users equal access to products and services offered on the site.  A New York woman named Mary Conner who has “no vision whatsoever,” according to the filing, claims the website isn’t fully accessible for her and for millions of others who have visual impairments…

CUs see victory with dismissal of appellate level ADA suit

January 3, 2019   |  Source: CUNA Credit Union Journal  |  Credit Union, CUNA, ADA, Digital Accessibility, Lawsuits/Litigation

Credit unions fight lawsuit related to ADA requirements

December 28, 2018   |  Source: Financial Regulation News

CUNA and credit unions saw a major win Thursday when the 4th Circuit Court of Appeals ruled in favor of DOL FCU, a credit union hit with a frivolous lawsuit claiming violations of the Americans with Disabilities Act (ADA). CUNA filed a brief in support of DOL FCU. “The court’s decision is a major step forward in our defense of credit unions facing predatory lawsuits exploiting a law designed to protect disabled Americans,” said CUNA President/CEO Jim Nussle…


December 2018

California Court Grants Nonsuit in Website Accessibility Trial

December 31, 2018   |  Source: Bryan Cave & Global Legal Chronicle  |   ADA, Digital Accessibility, Lawsuits/Litigation  |  CALIFORNIA

A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA. Martinez v. San Diego Credit Union, San Diego Superior Court Case No. 37-2017-00024673, would have been the only known website accessibility lawsuit to go to trial in the state of California. Instead, after commencing trial, the Court ordered the parties to submit trial briefs, inquired whether the parties would object to the Court issuing a sua sponte ruling at the outset of the case, and then granted the nonsuit…

Compass slapped with lawsuit over website access for the blind

December 28, 2018   |  Source: Inman  |  ADA, Digital Accessibility, Lawsuits/Litigation,  Blindness/Visual Impairment  |  NEW YORK

Compass is being sued for allegedly failing to make its website fully accessible to blind people, raising the specter that real estate brokerages remain exposed to a legal risk about which the National Association of Realtors had previously warned members. The suit, which is seeking class-action status and was filed on Dec. 12 in a New York district court, accuses Compass of violating the Americans with Disabilities Act (ADA) for “its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people.”…

Trump signs IDEA Act in bid to close ‘tech gap’ between government, private sector websites

December 21, 2018   |  Source: Federal News Network & Fed Scoop  |  Digital Accessibility, IDEA Act, Government

Despite shutdown woes, President Donald Trump did sign some legislation Thursday. The 21st-Century Integrated Digital Experience Act (IDEA) aims to make federal “.gov” websites more mobile-friendly and more secure. “The 21st Century IDEA will modernize the technology of government agencies,” Rep. Khanna (D-CA) said following the signing ceremony. “It’s time our government agencies adopt the innovative technologies of the 21st Century.”…

Workers with Disabilities Previously Paid Subminimum Wages Sue Roppe Industries for Employment Discrimination

December 18, 2018   |  Source: Brown, Goldstein & Levy  |  Businesses, Discrimination, Lawsuits/Litigation

Three long-time employees of Seneca Re-Ad, a workshop in Fostoria that acts as the Sampling Division for the manufacturer Roppe Corporation, are hoping to gain an equal chance to do their jobs and access the same advancement, pay and benefit opportunities as other Roppe workers. A lawsuit filed today in the Federal District Court for the Northern District of Ohio by Disability Rights Ohio (DRO) and the Baltimore law firm of Brown, Goldstein & Levy, LLP, with support from the National Federation of the Blind, alleges discrimination by Roppe and Seneca Re-Ad with assistance from the Seneca County Board of Developmental Disabilities…

Facing ‘Drive-By’ or ‘Surf-By’ ADA Website Lawsuits

December 17, 2018   |  Source: Texas Lawyer  |  ADA, Digital Accessibility, Lawsuits/Litigation

The recent passing of former President George H. W. Bush was an opportunity for Texans to look back on his career of public service with pride. One of his administration’s most significant achievements was the passage of the Americans with Disabilities Act of 1990, passed with bipartisan support to protect individuals with disabilities. The ADA’s employment sections—adding disability status to the list of “protected characteristics” under federal anti-discrimination law, and its public accommodations provisions, removing physical barriers to access—are viewed as significant achievements by advocates for the disabled…

Colleges, including Saint Rose, hit with website lawsuits

December 4, 2018   |  Source: Albany Times Union  |  Lawsuits/Litigation, Digital Accessibility,  Blindness/Visual Impairment, ADA

The College of Saint Rose is among the most recent targets of a series of lawsuits filed against colleges and other organizations related to their websites. The plaintiffs say the legal actions represent a growing movement to make online portals more accessible to the disabled — in this case, the blind or visually impaired. Attorneys for the defendants categorize them as nuisance suits. In a suit filed in federal district court, New York City resident Jason Camacho, who is legally blind, contends that the Saint Rose website violates the Americans with Disabilities Act since it can’t accommodate special software that would let him use the site…

National Federation of the Blind and Disability Rights North Carolina Sue UNC Health Care and Nash UNC Health Care

December 3, 2018   |  Source: Brown Goldstein Levy  |  Lawsuits/Litigation, ADA, Healthcare

Today, the National Federation of the Blind and Disability Rights North Carolina, along with individual blind plaintiffs, filed suit against the UNC Health Care System, Nash UNC Health Care, and contractors for systematically discriminating against blind patients in violation of the Americans with Disabilities Act, the Rehabilitation Act, and the Patient Protection and Affordable Care Act.  The lawsuit alleges that blind patients do not receive critical communications in alternate formats – such as Braille, large print, or electronic documents – only standard print…

Veterans group seeks court’s help in making airplane bathrooms more accessible

December 1, 2018   |  Source: SF Gate  |  Transportation, Airline, Mobility, Lawsuits/Litigation

A veterans group is turning to the courts for help in its efforts to make airplane bathrooms more accessible for travelers with disabilities. Paralyzed Veterans of America filed a lawsuit Thursday in the U.S. Court of Appeals for the 10th Circuit asking the court to force the Transportation Department to restart efforts to make bathrooms on single-aisle aircraft accessible to those with disabilities. “Our suit is simply asking the [Transportation Department] to do what Congress directed them to do,” said Karianne Jones, an attorney with the Democracy Forward Foundation, which is representing the veterans group…


November 2018

Playboy.com Sued by Blind Man Who Says He Can’t Fully ‘Enjoy’ the Website

November 29, 2019  |  Source: The Wrap  |  Digital Accessibility, ADA,  Lawsuits/Litigation, Blindness/Visual Impairment

Apparently, some people really do read Playboy for the articles. Or at least try to. Playboy.com was sued Wednesday by a legally blind man who says that the site, as well as Playboyshop.com, aren’t equally accessible to the blind and visually impaired. In the class-action suit, filed Wednesday in federal court in New York, Donald Nixon says that he and other visually-impaired customers are unable to “fully and equally use or enjoy” the site’s offering. And that definitely goes on the Turn-Offs list…

Lawsuits claim Muhlenberg, ESU websites lack access for the blind

November 21, 2018   |  Source: Allentown Morning Call  |  Digital Accessibility, ADA,  Lawsuits/Litigation, Education, University, Blindness/Visual Impairment

Poorly designed websites can be more than frustrating, they can break the law, a legally blind New York man claims in lawsuits against Muhlenberg College, East Stroudsburg University and about 40 other schools in the mid-Atlantic. Lawsuits filed in federal court in Manhattan last week on behalf of Jason Camacho claim the institutions’ websites do not comply with the Americans with Disabilities Act because they’re not properly designed for the visually impaired to use…

Education Department’s civil rights office retreats, will consider claims filed en masse

November 20, 2018   |  Source: Washington Post & The 74 & ABC11SFGate & Education Week  |  DOE, Education, Civil Rights, Disability Rights

Facing a lawsuit, the Education Department said Tuesday it would no longer dismiss civil rights complaints simply because the filer had submitted other, similar claims, reversing a policy that had led to the dismissal of hundreds of cases en masse. In March, the department’s Office for Civil Rights updated its Case Processing Manual and said it would dismiss a complaint if it was part of a pattern of allegations, or if the complaint placed an “unreasonable burden” on the office…

What You Don’t Know About Ada Compliance Could Cost You—Big Time

November 15, 2018   |  Source: Massage Magazine  |  ADA, Digital Accessibility, Lawsuits/Litigation

However, many small-business people aren’t aware of regulations imposed by the government that, if violated, could mean catastrophe for a small business. One such set of rules, which you may already be required to follow in your workplace, is the Americans with Disabilities Act (ADA). ADA compliance also applies to business websites—and if your site fails to comply, you and your business could face lawsuits and potential financial ruin. Stewart Cirolo is a massage therapist who has practiced since 1998 and runs his massage business, Bodies Kneaded, in Miami Beach, Florida…

Got access for people with disabilities covered? Don’t forget your website

November 15, 2018   |  Source: The Guardian  |  ADA, Digital Accessibility, Lawsuits/Litigation

During the first six months of 2018, according to a mid-year report from law firm Seyfarth Shaw, more than 5,000 lawsuits were filed in federal court alleging businesses were in violation of the 1990 Americans with Disabilities Act (ADA). That number is expected to reach 10,000 by the end of the year, a 30% increase over the prior year. Is it because these businesses are not making their facilities accessible to people with disabilities? Actually, no. In most cases it’s about their websites…

Wineries Run Afoul of Obscure Law

November 15, 2018   |  Source: Wine Searcher  |  ADA, Digital Accessibility, Lawsuits/Litigation, Winery

Social activism via the courts is one of the most effective ways to legislate change. Just consider a few of the greatest hits: there’s 2013’s United States vs Windsor allows same-sex couples the same rights to each other’s inheritance as heterosexual couples; 1974’s United States vs Nixon limited the power of the US presidency, and 1954’s Brown vs Board of Education made segregation unconstitutional. The reverberations from those suits were felt in every corner of the United States and, arguably, around the globe. The Americans with Disabilities Act, which became a law in 1990, has also done far more good than ill…

Winery Websites Must Comply With The Americans With Disability Act, But How?

November 12, 2018   |  Source: Forbes  |  ADA, Digital Accessibility, Lawsuits/Litigation, Screen Reader, Winery

In a recent blog post the Napa and Sonoma law firm of Dickenson Peatman & Fogerty (DPF) a firm that deals with many legal aspects of the beverage alcohol industry explained, “ There is considerable ambiguity in the law as to which companies are required to make their websites Americans with Disability Act (ADA) compliant and what actually constitutes ADA compliance .” That ambiguity put fifteen New York wineries in a pickle after Kathy Wu of Brooklyn filed suit. Visually impaired, Wu uses screen-reading software that provides her access to website content…

Lawsuits targeting business websites over ADA violations are on the rise

November 11, 2018   |  Source: Los Angeles Times  |  ADA, Lawsuits/Litigation, Digital Accessibility

For the Record- Correction

November 13, 2018   |  Source: Los Angeles Times

The boutique Avanti Hotel is known for its poolside, dog-friendly rooms. Yet its website uses the valuable opening page not to highlight the Palm Springs inn’s amenities, but to explain, in stark black letters on a plain white background, that the Avanti violated the Americans with Disabilities Act. Like thousands of other businesses in the United States, the 10-room hotel on East Stevens Road has been sued because it hasn’t fully complied with the 1990 law that requires public places — hotels, restaurants and shops — to be accessible to people with disabilities…

This blind athlete has filed ADA 164 lawsuits

November 11, 2018   |  Source: Palm Beach Post  |  ADA, Lawsuits/Litigation, Blindness/Visual Impairment, Digital Accessibility

Legally blind and confined to a wheelchair, Juan Carlos Gil has traveled the world competing in marathons in which he has earned plaudits for his athletic prowess and his determination to overcome his disabilities. But for government officials and some business owners in Palm Beach County, the 36-year-old Miami wheelchair athlete isn’t known for his inspirational feats but, rather, for his penchant for litigation. Gil has filed 164 lawsuits in South Florida, accusing government agencies, restaurants and stores of violating the landmark Americans With Disabilities Act by refusing to take steps to assure the blind can navigate their websites…

A Call for Regulation: The DOJ Ignored Website Accessibility Regulation and Enterprising Chaos Ensued

November 9, 2018   |  Source: New York Law Review  |  DOJ, Digital Accessibility, ADA, Title III

Business usually prefers to avoid championing day-to-day government regulation. But a recent explosion of “surf by” lawsuits accusing consumer-facing websites of violating Title III of the Americans With Disabilities Act (ADA) has businesses demanding regulations setting the minimum requirements to render commercial websites accessible to disabled visitors. The Department of Justice (DOJ) has concluded that websites are places of public accommodation, requiring accessibility to all visitors…

Universities under investigation for poor website accessibility

November 9, 2018   |  Source: Education Dive  | Education, DOE, Digital Accessibility, University

The Department of Education’s Office of Civil Rights is investigating hundreds of colleges and universities that it says have not met web accessibility standards for people with disabilities, Inside Higher Ed reported. An official told the publication there were 556 open cases as of August 2017.  Numerous high-profile lawsuits in higher education over accessibility issues have brought the issue to the forefront of colleges’ attention, but monitoring thousands of web pages — with many created or revised daily — can be a giant undertaking…

Court rules against mother suing Warrick schools over wheelchair accessibility

November 8, 2018   |  Source: TriStateHomepage & Justia  |  Wheelchair Accessibility,  Lawsuits/Litigation, Education

On Monday, a federal court ruled against a mom who sued the Warrick County School Corporation after she was unable to see her son sing at Christmas concerts. According to the suit, the concerts were held at a venue not wheelchair accessible. Mycal Ashby sued the school corporation in September 2016, accusing Loge Elementary School of holding Christmas concerts at the Warrick County Museum in 2014 and 2015. The court ruled against Ashby because they determined the concert was not technically a school activity…

Bradenton Beach shuts down city website

November 6, 2018   |  Source: AMI Sun  |  ADA, Digital Accessibility, Lawsuits/Litigation, Screen Reader | FLORIDA

The city has shut down its website until it can be made compliant with the Americans with Disabilities Act (ADA). The city website was shut down last week at the request of Mayor John Chappie after he learned of a $16,000 settlement agreement Manatee County recently reached regarding the Joel Price v. Manatee County lawsuit filed with The United States District Court Middle District of Florida Tampa Division. Price and his Miami-based attorney, Scott Dinin, alleged the county website violated the Americans with Disabilities Act and sought injunctive relief to remedy alleged accessibility barriers at the county website…

LSAT Maker Hit With $480K in Fees for Disability Violations

November 6, 2018   |  Source:  The Recorder  |  LSAT, Disability Rights, Discrimination, Lawsuits/Litigation

A federal judge has ordered the Law School Admission Council to pay nearly half a million dollars in attorney fees to the California Department of Fair Employment and Housing in connection to litigation over its accommodation of Law School Admission Test takers with disabilities. The California agency sought more than $567,000 in attorney fees after it successfully petitioned the court to hold the council in civil contempt for violating a 2014 agreement on how it would handle requests for accommodation on the LSAT…

ADA Cases May Have Diminished, but Legal Concerns Haven’t

November 6, 2018   |  Source:  Credit Union Times  |  Credit Union, ADA, Lawsuits/Litigation, Digital Accessibility

The flood of federal lawsuits against credit unions whose websites allegedly don’t comply with the Americans with Disabilities Act (ADA) has waned dramatically in recent months, but one attorney is warning credit unions not to get complacent about their online presence. According to a CU Times analysis of court records, the number of federal, website-related ADA cases against credit unions has dwindled in the last several months from well over 100 to around a dozen. Most cases have settled, but courts have also dismissed some or part of at least 11 cases, largely finding that the plaintiffs’ lack of membership eligibility gave them no standing to sue…

Florida’s Serial ADA Lawsuits: Long Overdue or ‘Legal Extortion’?

November 1, 2018   |  Source: Daily Business Review  |  ADA, Litigation, Discrimination, Title III

Title III of the Americans with Disabilities Act (ADA) was enacted more than two decades ago to curb discrimination against disabled people, but related lawsuits are still rife in Florida — and lawyers on either side are exasperated. Plaintiffs’ attorneys can’t believe how many public places aren’t compliant, while defense lawyers are at their wits’ end with seemingly infinite “drive-by” complaints, suspicious of filers’ motives. According to defense attorney Christian E. Rodriguez of the Trembly Law Firm in Miami, the ADA is “well-intentioned” but has become a “tool for abuse,” allowing some to “take advantage” of business owners…

South Florida Restaurants Slapped With Hundreds of ADA Lawsuits

November 1, 2018   |  Source: Miami New Times  |  ADA, Food Service, Litigation, Digital Accessibility

You might think Presidents Barack Obama and Donald Trump have nothing in common other than living in the same house at different times. Yet both men, during their tenures atop the United States government, failed to direct their Departments of Justice to issue regulations for a section of the Americans with Disabilities Act (ADA) that requires companies’ websites to accommodate disabled individuals. Over the past two years, the legal grey zone has cleared a path for lawyers to file thousands of actions against businesses claiming their websites are in violation of the ADA…

Department of Justice continues to focus on website access and disability accommodations

November 1, 2018   |  Source: Columbus Business Journal  |  DOJ, ADA, Title III, Digital Accessibility

In October, the Department of Justice (DOJ) sent a letter to U.S. Congress reaffirming its stance that Title III of the Americans with Disabilities Act (ADA) applies to websites. The DOJ also signaled that, despite its reaffirmation, it does not intend to issue specific regulations explaining what websites need to do in order to actually comply with the ADA at this time. Title III of the ADA requires “places of public accommodation” (in other words, businesses open to the public) to meet certain architectural guidelines designed to ensure that disabled patrons can access the business…


October 2018

Lawsuits Charge 15 New York Wineries with Discrimination Against Visually Impaired

October 31, 2018   |  Source: Winemag.com  |  Discrimination, Lawsuits/Litigation, ADA, Digital Accessibility

A wave of lawsuits has been filed against a number of wineries accused of violating the Americans with Disabilities Act (ADA) by having insufficiently accessible websites for the visually impaired. It’s a story sure to generate a lot of negative publicity, but may also just be the latest trend in generating attorney’s fees. “This year looks to be a record for filings” that invoke the ADA, says Adam Morey, public affairs manager for the Lawsuit Reform Alliance of New York. California, Florida and New York are the leading jurisdictions for these lawsuits, he says…

NAFCU attends today’s oral arguments in CU’s ADA case

October 30, 2018   |  Source: National Association of Federally-Insured Credit Unions |  Credit Union, ADA, NAFCU, Digital Accessibility

NAFCU will attend oral arguments held today by the U.S. Court of Appeals for the Fourth Circuit over a meritless lawsuit filed against the Department of Labor Federal Credit Union (DOLFCU) regarding unclear website accessibility standards under the Americans with Disabilities Act (ADA). Not only did NAFCU file an amicus brief in support of the credit union in this case, but it also stood by DOLFCU during its first hearing earlier this year. NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt and Vice President of Regulatory Compliance Brandy Bruyere will attend today’s arguments…

Blind Customers Sue Walmart Over Self-Service Accessibility

October 29, 2018   |  Source: NBC 6 South FloridaWSYM-TV  |  ADA, Lawsuits/Litigation,  Blindness/Visual Impairment

A new lawsuit contends Walmart’s self-checkout kiosks aren’t fully accessible to blind customers and therefore violate the Americans with Disabilities Act. Three blind Maryland residents and the National Federation of the Blind filed the lawsuit in federal court Oct. 25, The Baltimore Sun reports. The lawsuit also says an employee at an Owings Mills location selected cash back from a plaintiff’s debit card and took $40 without her knowledge…

DOJ confirms websites are covered by ADA, but offers some flexibility to businesses in complying

October 25, 2018   |  Source: EmployerLINC  |  DOJ, Digital Accessibility, Awareness, ADA, Title III

Hundreds of recent lawsuits have claimed that companies must have websites that are accessible to disabled individuals. The idea is that a website is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), and therefore must be accessible for all. Common website problems, including incompatibility with screen-reading software, may create barriers for disabled individuals. While the ADA itself does not mention websites, the U.S. Department of Justice (DOJ) had long taken the position that websites were covered under the ADA…

Domino’s: Ninth Circuit Hears Web Accessibility Appeal Argument

October 19, 2018  |  Source: Seyfarth Shaw & United States Court of Appeals for the Ninth Circuit (Video)  |  Appeal, Digital Accessibility, Domino’s, Lawsuits/Litigation  |  Robles v. Domino’s Pizza |  ARIZONA

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 value to federal trial courts.  Most recently, on

October 12, the Ninth Circuit heard the parties’ oral arguments in Robles v. Domino’s Pizza.  On

October 4, the Eleventh Circuit heard oral argument in Gil v. Winn-Dixie.  We attended the Robles argument. Sitting on the Domino’s Ninth Circuit panel were Ninth Circuit Judges Watford and Owens, and Arizona District Court Judge Zipps…

Lawsuit alleges ADA violations at Safeco Field

October 19, 2018   |  Source: The Seattle Times  |  ADA, Litigation, Sports/Entertainment, Wheelchair, Disability Rights

Seattle Mariners fans who use wheelchairs are forced to endure a “second-class” experience when they attend games at Safeco Field, according to a new lawsuit against the team and the public facilities district that owns the stadium. A nonprofit disability-rights law firm filed the suit Monday, claiming conditions at the ballpark violate state and federal law, including the Americans with Disabilities Act. The firm represents four Washington residents who use wheelchairs and have attended games at Safeco Field this year. Each encountered issues with seating, food service or access to certain parts of the stadium, the suit alleges…

2018 ADA Website Cases Surpass 2017

October 18, 2018   |  Source: 3PlayMedia  |  DOJ, ADA, Digital Accessibility, Litigation

Due to the Department of Justice (DOJ) withdrawing their plans to update the Americans with Disabilities Act (ADA), we won’t be seeing web accessibility regulations anytime soon. However, the lack of regulations under the ADA isn’t equating to a lack of web accessibility lawsuits. The motion to update the ADA was officially withdrawn in 2017, but the number of ADA website cases still surpassed that of 2017 within the first six months of 2018. It’s clear that web accessibility lawsuits aren’t slowing down, making the need for regulations more pertinent than ever before…

Settlement Agreement Between The United States And Northern Michigan University Under The Americans With Disabilities Act

October 18, 2018   |  Source: ADA  |   Settlement, ADA, University, Mental Health, Discrimination

Today the Justice Department announced that it has reached a settlement agreement with Northern Michigan University (NMU). The settlement agreement resolves complaints under the Americans with Disabilities Act (ADA) that NMU discriminated against students with mental health disabilities. Specifically, the Department investigated allegations that NMU took adverse action against certain students with mental health disabilities, including allegations that the University required certain students to sign contracts that barred them from talking, even with their friends at NMU, about self-destructive thoughts or face discipline, including involuntary withdrawal from the University. Under the agreement, NMU agreed to pay a total of $173,500 in compensatory damages to four (4) aggrieved individuals identified by the United States in its investigation. NMU will also adopt and implement policies and conduct training…

Digital Accessibility for Law Firms: Why Lawyers Need to Prioritize Accessibility

October 17, 2018   |  Source: Bigger Law Firm Magazine |  Digital Accessibility, Law Firms, Awareness

Your firm’s reputation and business could get a boost because you are capable of meeting and serving people who have a disability. As more potential clients continue to search for attorneys online, law firms must prioritize digital accessibility. This means making sure technology is available to a wide range of users, including people with disabilities. According to the 2010 national Census Bureau report, one in five, or about 56.7 million people, have had or have a disability. People with a disability may sometimes have trouble learning and utilizing new technologies…

California Man Sues Edward Jones over Wheelchair Accessibility

October 16, 2018   |  Source: AdvisorHub  | Wheelchair, Mobility, ADA, Lawsuits/Litigation

Edward D. Jones & Co. was sued on Wednesday in federal court over claims that one of its California offices is inaccessible to wheelchair-bound individuals. Guy Fairon, who describes himself as “an individual with a mobility disability who is at times dependent upon a wheelchair,” claims that a Jones branch in Huntington Beach has a steep curb ramp around the sidewalk that is in excess of the 2% maximum grade allowed by the Americans with Disability Act’s accessibility guidelines…

Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business

October 15, 2018   |  Source: Jackson Lewis P.C.  | ADA, Lawsuits/Litigation, Title III, Digital Accessibility | Gomez v. Knife Management, LLC | FLORIDA

With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation.  The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. Fla. Sep. 14, 2018).  The Defendant owns and operates a chain of restaurants.  There is no dispute that the restaurants are places of public accommodation covered by the ADA…

Justice Department failing disabled people and businesses, advocates and attorneys say

October 12, 2018   |  Source: WUSA9  | Disability Rights, DOJ, ADA, Awareness

We live in an age where the phone in your hand holds the answer to almost any question. Our cars drive themselves. Astronauts can use social media in outer space. Yet, advocates argue innovation is ignoring disabled Americans, denying their right to access the Internet, and leaving millions of people lost in the digital space. Eric Bridges is one of those people. Juvenile rheumatoid arthritis robbed Eric of his sight by the time he turned 16. When most of his friends started driving, Eric was reading braille and walking with a cane…

NBC Hit With Accessibility Suit Over Screen-Reading Software

October 10, 2018 | Source: Law360 (Paid Subscription) | Lawsuits/Litigation, Discrimination, Screen-reader, Blindness/Visual Impairment, Media | Burbon v. NBCUniversal Media | NEW YORK

NBC’s website can’t be read by screen-reading software used by the visually impaired, according to a discrimination suit in New York federal court that accused the company of keeping the blind…

Florida Court Dismisses Website Accessibility Case, Clarifying “Nexus” Requirement For Stating A Claim Under The ADA

October 10, 2018 | Source: Seyfarth Shaw & Price V. Everglades College, Inc. | ADA, Higher Education, Digital Accessibility, Lawsuits/Litigation | Price v. Everglades College | FLORIDA

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 to one recent federal court decision in Florida. In Price v. Everglades College, the plaintiff alleged that he called a private university to learn about the institution, but was directed instead to its website. While attempting to visit the website, he allegedly discovered that his screen reader software could not access information provided there, and Plaintiff thereafter filed suit under Title III of the ADA…

Blind woman files suit over Empire Resorts website access

October 8, 2018 | Source: Times Herald-Record | Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment, ADA, Entertainment | Mendez v. Empire Resorts and Mendez v. Promenade Senior Living | NEW YORK

Two local businesses got swept up in a wave of lawsuits throughout the state filed by a blind woman who alleges their websites violate the Americans with Disabilities Act. Since June 1, Himelda Mendez has filed 41 lawsuits in U.S. District Court for the Southern District of New York, including one against Empire Resorts, Inc., which owns Resorts World Catskills and Monticello Casino & Raceway in Sullivan County. The case against Empire Resorts specifically singles out the casino’s website as not being accessible for the visually impaired…

Winn-Dixie Urges Court to Reverse Landmark ADA Website Ruling

October 8, 2018 | Source: Daily Business Review Fox Rothschild | ADA, Digital Accessibility, Winn-Dixie, Lawsuits/Litigation, Food Services | Gil v Winn-Dixie | FLORIDA

Winn-Dixie Stores Inc. on Oct. 4 asked the Miami-Dade Circuit Court to reverse a key 2017 ruling involving the rights of blind internet users, paving the way for a host of similar website accessibility lawsuits. The original case was brought by legally blind Miami resident Juan Carlos Gil, a Winn-Dixie rewards member and regular customer who claimed that the store’s website blocked his access to certain goods and services. Gil had tried to use Winn-Dixie’s site to refill prescriptions and access coupons, but found that its features weren’t compatible with the computer screen reading program he used…

First lawsuits over disabled access to website make their way to Minnesota

October 7, 2018 | Source: Twin Cities-Pioneer Press | Lawsuits/Litigation, Digital Accessibility, Disability Rights, Government | McCourt v. Carver CountyMcCourt v. Chanhassen, City of, and McCourt v. Norwood Young America, City of | MINNESOTA

Echoing a recent trend in other states, for the first time a lawsuit has been filed in Minnesota alleging that websites — in this case, belonging to a county and couple of cities — violate disability law. Much like lawsuits demanding such things as wheelchair ramps and handicap parking, the suits claim the defendants’ digital real estate is so inhospitable it denies access. Late last month, Noah J. McCourt, a disability advocate with autism from Waconia, sued Carver County as well as the cities of Norwood Young America and Chanhassen in federal court, claiming their websites violated both state and federal disability law…

TD Ameritrade to Settle Blind Woman’s Website Accessibility Lawsuit

October 4, 2018 | Source: AdvisorHub | Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment, Settlement, Financial Services | Aldworth v. TD Ameritrade | NEW YORK

TD Ameritrade Inc. and a blind customer who claimed she could not access key pages of the broker-dealer’s website in an alleged violation of the Americans with Disabilities Act have reached an agreement in principle to settle her discrimination lawsuit. The discount brokerage firm will “ensure that all feasible components of its website are rendered accessible by certain deadlines, with key features being prioritized,” and will pay attorneys’, court and expert witness fees to Elizabeth Aldworth, the New York State resident who filed the class-action lawsuit in February…

Court Says Website Access Case for Deaf May Proceed

October 3, 2018 | Source: National Association of the Deaf | Digital Accessibility, Deaf/Hearing Impaired, ADA, Government, Video | Eddie Sierra v. City of Hallandale Beach | FLORIDA

In a case of first impression and a major vindication for disability rights, the United States Court of Appeals for the Eleventh Circuit Court has ruled that deaf and hard of hearing people are not required to file a complaint with the Federal Communications Commission (FCC) before they can sue under the Americans with Disabilities Act (ADA) and Rehabilitation Act for a denial of web access. The case before the Appeals Court was Eddie Sierra v. City of Hallandale Beach, Florida. Sierra is deaf and a disability rights advocate…

DOJ Finally Chimes In On State of the Website Accessibility Legal Landscape – But Did Anything Really Change?

October 3, 2018 | Source: Epstein Becker & Green | Digital Accessibility, Government, Accessible Design, Legislation/Law

As those of you who have followed my thoughts on the state of the website accessibility legal landscape over the years are well aware, businesses in all industries continue to face an onslaught of demand letters and state and federal court lawsuits (often on multiple occasions, at times in the same jurisdiction) based on the concept that a business’ website is inaccessible to individuals with disabilities. One of the primary reasons for this unfortunate situation is the lack of regulations or other guidance from the U.S. Department of Justice (DOJ) which withdrew long-pending private sector website accessibility regulations late last year…

Keeping your website protected from lawsuits

October 3, 2018 | Source: Fast Casual | Lawsuits/Litigation, Digital Accessibility, Awareness, Food Services

A restaurant’s website can be an invaluable tool to attract new customers, hype menu offerings and retain loyal customers through valued rewards. But, does your website also put you at risk of a lawsuit? Over the past year, there has been a significant increase in the number of website disability access lawsuits filed against businesses with consumer-facing websites in virtually every industry. Just behind retail, the restaurant industry has been hit the hardest, and the fast casual segment is certainly not immune…

DOJ Says Failure to Comply With Web Accessibility Guidelines is Not Necessarily a Violation of the ADA

October 2, 2018 | Source:Seyfarth Shaw | ADA, Digital Accessibility, Awareness, DOJ, Legislation/Law

As we reported in June, 103 members of the House of Representatives from both parties asked Attorney General Jeff Sessions to “state publicly that private legal action under the ADA with respect to websites is unfair and violates basic due process principles in the absence of clear statutory authority and issuance by the department of a final rule establishing website accessibility standards.” The letter urged the Department of Justice (DOJ) to “provide guidance and clarity with regard to website accessibility under the ADA.”…

Presumptive lawmaker ushers in accessibility at the House

October 1, 2018 | Source: Arizona Capitol Times | Lawsuit/Litigation, Mobility, Government

Being a member of the minority party of the state House of Representatives isn’t the only obstacle that may keep Jennifer Longdon away from the speaker’s desk. The presumptive Democratic member from Legislative District 24 made that observation at the foot of three steps leading up to the desk from the House floor. She uses a wheelchair, so those stairs render the dais inaccessible to her. But the House is already moving quickly to change that. Longdon, who was paralyzed in 2004 after a random, drive-by shooting, will presumably join the House in January…

Wheelchair users file lawsuit over accessibility at Camden Yards

October 1, 2018 | Source: Baltimore Sun WBAL & Carroll County Times | Mobility, Lawsuit/Litigation, Sports/Entertainment | Henry Claypool, et al. v. Baltimore Orioles Limited Partnership, et al. | MARYLAND

Three wheelchair users have sued the Orioles and the owner of Oriole Park at Camden Yards over accessibility at the stadium, citing broken wheelchair lifts and frequently blocked views. Each said they have been trapped when a lift on the club level of the stadium has malfunctioned. And on the lower level of the stadium, they say the field isn’t visible from accessible seats anytime the crowd rises to its feet. Sharon Krevor-Weisbaum, an attorney at Baltimore law firm Brown Goldstein Levy who is representing the wheelchair users — said that violates the Americans with Disabilities Act…


September 2018

Making business websites accessible for the disabled

September 30, 2018 | Source: Newsday | Digital Accessibility, Businesses, Lawsuits/Litigation

Hundreds of companies, including at least three on Long Island, are facing lawsuits claiming their websites are not accessible to the disabled. A person who is blind or deaf could not access the information on the sites, sometimes because the sites are not compatible with assistive technology such as software that reads text aloud, the suits claim. The lawsuits are based on an interpretation of the Americans with Disabilities Act, which requires that public accommodations be accessible to disabled people…

Lawsuit claims Madison Co. juvenile court building not ADA compliant

September 27, 2018 | Source: WBBJ | Lawsuits/Litigation, ADA, Government, Mobility

A local lawyer has filed a lawsuit against Madison County, saying the juvenile court building is not compliant with Americans with Disabilities Act requirements. “It’s just a poorly designed situation and desperately needs to be fixed somehow,” said Russell Larson, a lawyer in Jackson. Larson uses an electric wheelchair after being involved in a car crash 16 years ago. He filed a lawsuit Tuesday against Madison County, claiming the Walter Baker Harris Juvenile Court Building has non-accessible parking spaces marked as handicap along with a non-compliant ramp and elevator…

Restaurants Continue To Face Litigation Over ADA

September 26, 2018 | Source: Total Food Service | ADA, Lawsuits/Litigation, Food Service

Back in the early 2000s, a federal judge in Florida decried that certain aspects of the Americans with Disabilities Act (ADA) created a “cottage industry” where lawyers would be able to make significant money bringing lawsuits against restaurants and other commercial establishments for not being handicap accessible. The law’s original intent was to ensure that all members of the public, no matter if they have certain disabilities or not, are able to receive the same type of access and protection against discrimination…

City settles disability discrimination case over lack of elevator at a satellite city hall

September 26, 2018   |  Source: Hawaii News Now  |  Discrimination, Mobility, Buildings/Facilities, Settlement, Government

The City and County of Honolulu along with the Civil Rights Commission has settled a disability discrimination case over accessibility issues at the Fort Street Mall Satellite City Hall. City officials say the case spawned from the lack of an elevator for individuals unable to use the stairs to enter the facility. The settlement was announced Wednesday, and calls for a review of the city’s non-discrimination policy, training for the staff at the location to ensure understanding of disability discrimination in public accommodations, and the maintenance of visible signs at the stairs and elevator…

DoJ Refuses Request to Issue ADA Guidance for Websites

September 26, 2018   |  Source: Credit Union Times  |  ADA, Digital Accessibility, Discrimination, Legislation/Law

The Justice Department isn’t ready to come to the rescue of credit unions and others being hounded by lawsuits alleging that their websites are not compliant with the Americans for Disabilities Act. The Department is “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA,” Assistant Attorney General Stephen Boyd wrote in a letter Tuesday to Rep. Ted Budd. He said that “public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication.”…

Home Care Lawsuits Target Non-Compliant Websites, Payment for Training

September 25, 2018   |  Source: Home Health Care News  |  Housing, Lawsuits/Litigation, Digital Accessibility

Typically, litigation trends in any given industry are on a bell curve — activity peaks and then starts to drop, as companies button-up their practices. But in home care, litigation has been pretty steady over the last three years, according to Angelo Spinola, a shareholder and attorney at international labor and employment legal firm Littler Mendelson. Many of the cases involve wage disputes — about 1,500 pay practice lawsuits have been filed against home care companies since 2015, Spinola said last week at the Home Health Care News Summit in Chicago…

What You Can Learn from Major Accessibility Lawsuits

September 24, 2018   |  Source: 3PlayMedia  |  Lawsuits/Litigation, Businesses, Awareness, Digital Accessibility, ADA

There is a growing trend of companies being sued for having inaccessible websites. With the rise of the digital era, organizations are moving away from just having a brick and mortar store, to creating an online platform as well. There are even some companies that solely operate online. Before the internet became mainstream, laws like the Americans with Disabilities Act (ADA) and the Rehabilitation Act were enacted to protect people with disabilities against discrimination. These laws didn’t specify internet accessibility when they were created, so there weren’t any precedents set in place…

Colorado Springs settles accessibility lawsuit filed by disabled veteran

September 21, 2018   |  Source: The Gazette  |  Lawsuits/Litigation, Mobility, Discrimination, Settlement, Government

Colorado Springs will pay a disabled veteran and his wife $19,000 to settle a lawsuit they filed in February claiming systemic noncompliance with federally required accessibility standards. The lawsuit was filed by Stetson Hills residents Chris and Nikole Sweeney. Diversified Property Management and the Stetson Hills Master Home Owners Association were also named as defendants in the lawsuit. The couple claimed that their neighborhood has lacked ramps and sidewalks necessary to reach public accommodations for years…

Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018

September 19, 2018   |  Source: Seyfarth Shaw  |  Digital Accessibility, ADA, Inclusion

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 in a website accessibility lawsuit, bringing the federal court judgment score to 2-0 in their favor.  Additionally, in twenty-one cases where defendants filed early motions to dismiss, judges have allowed eleven to move forward.  While a forty percent dismissal rate doesn’t seem bad, most of the cases that were dismissed had a common set of unique facts that most defendants don’t have…

Justice Department Urged To Address Web Accessibility

September 19, 2018   |  Source: Disability Scoop & Seyfarth Shaw  |  Government, Digital Accessibility, ADA, Legislation/Law

Citing growing litigation, a group of senators is calling on the U.S. Department of Justice to weigh in on how the Americans with Disabilities Act applies online. In a letter to Attorney General Jeff Sessions this month, a half-dozen Republican senators said that the time is now for his agency to speak out. “Right now it is not clear whether the ADA applies to websites. This leaves business and property owners unsure of what standards, if any, govern their online services,” wrote Sens. Chuck Grassley, R-Iowa, Mike Rounds, R-S.D., Thom Tillis, R-N.C., Mike Crapo, R-Idaho, John Cornyn, R-Texas, and Joni Ernst, R-Iowa.

Choice Hotels Sued Over Missing Accessibility Info Online

September 17, 2018   |  Source: Law360 (Subscription)  |  Travel, Digital Accessibility, Discrimination,  Hospitality

NYC Hotel Operators Hit With ADA Class Suits Over Websites

September 18, 2018   |  Source: Law360 (Subscription)  |  ADA, Digital Accessibility, Travel, Hospitality

Choice Hotels International Inc. has been hit with a proposed class action alleging the company’s online reservation system for its Comfort Inn hotel in Gainesville, Florida, fails to provide disabled users with information about the accessibility features of the rooms and hotel grounds. In a suit filed Friday in the Northern District of Florida, Fort Lauderdale resident Lanie Quarterman, who uses a wheelchair, said the Comfort Inn University Gainesville’s reservation system on its website fails to provide information about the accessible features of the hotel and…

El Granada businesses hit with ADA suits

September 5, 2018   |  Source: Half Moon Bay Review  |  ADA, Businesses, Lawsuits/Litigation, Food Service

A San Diego law firm with a history of suing businesses for alleged violations of the Americans with Disabilities Act recently targeted several small-business owners in El Granada. Backed by the Center for Disability Access, plaintiff Samuel Love and attorney Chris Carson have reportedly sued some businesses in the area, including The Press and Easy Mart. While El Granada residents also mentioned India Beach and Harbor Pizza — located on the same strip of land alongside Avenue Alhambra — as additional recipients of the lawsuit, they could not be reached for comment…

Senators write DOJ sharing CUNA concerns over ADA, websites

September 5, 2018   |  Source: CUNA  |  ADA, DOJ, Digital Accessibility, Financial Services

Arguments in appellate-level ADA case against CU start Oct. 30

September 6, 2018   |  Source: CUNA  |  ADA, Government, Digital Accessibility, Financial Services

Six Senators wrote to Attorney General Jeff Sessions Wednesday with concerns shared by CUNA over how the Americans with Disabilities Act (ADA) applies to websites. Credit unions around the country are facing legal threats due to uncertainty over how to make websites compliant with the ADA, and CUNA has made finding a solution a top priority. “Right now it is not clear the ADA applies to websites. This leaves businesses and property owners unsure what standards, if any, govern their online services,” the letter reads…

Lawsuit says Purple’s website discriminates to visually impaired

September 4, 2018   |  Source: Penn Record  |  Lawsuits/Litigation, Discrimination, Blindness/Visual Impairment, Retail 

Purple Innovation is accused of violating the Americans with Disabilities Act for allegedly failing to have a website that can be accessed by visually impaired users. Antoinette Suchenko and Lisa Gathers filed a complaint on July 23, in the U.S. District Court for the Western District of Pennsylvania, against Purple Innovation, doing business as Purple, for alleged violations of civil rights under the American with Disabilities Act (ADA). Antoinette Suchenko and Lisa Gathers, both visually impaired individuals, claim the defendant denied them and the 7 million Americans who are visually impaired to access to its website’s goods…


August 2018

“Can They Sue Me If We’re Already Fixing the Problem?” How to Build a Successful Defense Against Website Accessibility Lawsuits

August 30, 2018   |  Source: Venable  |  Digital Accessibility, Lawsuits/Litigation

Website accessibility lawsuits are now legion. As we have previously reported, website accessibility plaintiffs have secured a series of victories in recent years, including a landmark verdict in the first-ever website accessibility trial in June 2017. Companies that face such lawsuits, or threats of such lawsuits, often have limited options for a legal defense. One potential option is a mootness argument. Under that defense, the company may assert it has removed or is removing the barriers to accessibility at issue in the lawsuit. Four recent cases show four different judicial responses to that argument…

Property Managers, Owners and Leasing Companies Are Susceptible to Website Accessibility Lawsuits

August 30, 2018   |  Source: Brownstein Hyatt Farber Schreck (PDF)  |  Digital Accessibility, Lawsuits/Litigation, Buildings, Hospitality, Housing

The recent and pervasive trend of lawsuits being filed against companies based upon website accessibility issues, including numerous suits brought against hospitality companies for such issues and for failure to identify accessible features of their properties online, is now expanding to include property management companies in multifamily apartment buildings, property owners and other leasing entities. Despite thousands of lawsuits, many companies remain unaware of this extremely tangible risk…

Disability Access Lawsuits Are Rising. How Do You Mitigate Risk?

August 29, 2018   |  Source: National Law Journal  |  Lawsuits/Litigation, Awareness, ADA, Digital Accessibility

Website accessibility filings are at an all-time high and, according to our data crunching and projections, expected to keep climbing. Why are they so popular? Title III of the Americans with Dis­abilities Act requires businesses that pro­vide goods and services to the public to, among other things, provide physical fa­cilities that are accessible and to provide auxiliary aids and services as necessary at no extra charge to ensure effective com­munication with individuals with disabilities…

Expert Opinion: Defending Lawsuits under Title III of the ADA

August 28, 2018   |  Source: Chain Store Age  |  Lawsuits/Litigation, ADA, Advocacy, Title III

Title III of the Americans with Disabilities Act ensures that individuals with disabilities are not discriminated against with respect to the actions and activities of owners or operators of places of public accommodation such as shopping centers and strip malls, restaurants, physicians’ offices, zoos, amusement parks, museums, theaters, convention centers, arenas and stadiums. Historically, Title III lawsuits brought by individuals or public advocacy groups have focused on physical or access-related issues with respect to places of accommodation — issues that are commonly referred to as architectural barriers…

Blind woman sues Brooklyn Brewery over ‘inaccessible’ website

August 27, 2018   |  Source: Brooklyn Paper  |  Blindness/Visual Impairment, Digital Accessibility, Discrimination, ADA, Food Service

A blind woman hauled the owners of Brooklyn Brewery to civil court on federal discrimination charges for allegedly failing to provide a handicapped-accessible website, her lawyer said. Queens resident Himelda Mendez got all hopped up after she visited brooklynbrewery.com earlier this month and found the website “inaccessible” because it was not designed to work with the screen-reading program she uses to browse the web — a discovery she claimed caused her “irreparable harm,” according to a complaint document her attorney filed in Manhattan Civil Court on Aug. 21…

Omahans file lawsuits against 87 businesses citing discrimination of people with disabilities

August 26, 2018   |  Source: World Herald  |  Lawsuits/Litigation, Discrimination, Disability Rights, Hospitality, Food Service, Retail

The lawsuits keep coming. Sometimes one a week, sometimes two. A steadily growing mountain of legal complaints. Since moving to Omaha last year, Zach Hillesheim and Melanie Davis have filed federal lawsuits against 87 businesses, alleging discrimination under the Americans with Disabilities Act. Their targets include a wide swath of Omaha businesses: motels, gas stations and fast-food restaurants as well as local names like Kaneko, Ted & Wally’s, the Shoppes at Aksarben, Pitch Pizzeria, Wheatfields, the Nebraska Humane Society and more…

Home Depot to Pay $100K to Settle Illinois Disability Discrimination Lawsuit

August 23, 2018   |  Source:  Insurance Journal  |  Lawsuits/Litigation, Discrimination, EEOC, Settlement

Home Depot, the large national home improvement retailer, has agreed to pay a former employee $100,000 and provide other relief to settle a disability discrimination lawsuit, according to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC said Home Depot failed to provide an emergency break to an employee with irritable bowel syndrome and fibromyalgia at its Peru, Illinois, store. Instead of accommodating the employee, Home Depot fired her for allegedly violating company policy by leaving her post unattended, the federal agency charged…

Manhattan US Attorney Announces Settlement with New York City Over ADA Violations

August 20, 2018   |  Source:  Lawfuel  |  Lawsuits/Litigation, ADA, Prison, Settlement, Government

NYC agrees to bring Rikers Island into ADA compliance — even as it plans jails’ costly shutdown

August 21, 2018   |  Source:  New York Daily News  |  Lawsuits/Litigation, ADA, Prison, Settlement, Government

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States has reached a settlement with the City of New York, the New York City Department of Correction, and the New York City Health and Hospitals Corporation to resolve its investigation into violations of Title II of the Americans with Disabilities Act. Under the agreement, the City, DOC, and HHC must provide inmates with disabilities equal access to services, programs, and activities by, among other things, timely providing inmates with needed accommodations, including auxiliary aids and services, assistive devices, and medical equipment…

Apple sued over claims website is inaccessible to visually impaired users

August 20, 2018   |  Source:  Apple Insider & Patently Apple The Register iDrop News  |  Lawsuits/Litigation, ADA, Apple, Digital Accessibility, Blindness/Visual Impairment, Technology

Apple has become the target of a new lawsuit, one that claims the iPhone producer’s website is violating the Americans with Disabilities Act (ADA) by not being fully accessible to blind or visually-impaired consumers, due to the way the website itself is coded. Filed in the U.S. District Court of the Southern District of New York on Sunday, the complaint from the plaintiff Himelda Mendez is said to be filed on behalf of other users in a similar accessibility situation. Apple is the sole defendant in the lawsuit…

This Lawsuit Reveals How Unfriendly the Skies Can Be for Travelers With Disabilities

August 16, 2018   |  Source:  The Mighty  |  Lawsuits/Litigation, Transportation/Travel, Airline, Mobility, ACAA

On Tuesday, the Paralyzed Veterans of America filed suit against the U.S. Transportation Department to force the implementation of regulations that require single-aisle planes to have wheelchair accessible lavatories. These regulations, originally outlined in the Air Carrier Access Act of 1986, have been stalled ever since, with only wide-body jets required to have accessible restrooms since 1990. This lawsuit and the changes it seeks to compel are long overdue — but they don’t go far enough…

Crumbling Sidewalks Become a Legal Battleground

August 16, 2018   |  Source:  City Lab  |  Awareness, Mobility, Wheelchair Accessible, Government

A crack in the sidewalk can be a dangerous thing. Just last month, a woman in Atlanta made the news when she injured herself after tripping on a hole in the pavement and needed paramedics to respond. It prompted the latest in a years-long string of complaints against the conditions of sidewalks in the city, where it’s not hard to find missing pavement, crumbling curbs, cracks, or buckles. These conditions present hurdles for anybody who encounters them. For people in wheelchairs, they can be insurmountable…

Lawsuit: Oregon Sen. Jackie Winters, HOA denied bus service to child with disabilities

August  15, 2018   |  Source: The Oregonian  |  Lawsuits/Litigation, Housing, Education

The family of a child with disabilities is suing Oregon Senate Republican Leader Jackie Winters and the Salem homeowners board on which she serves after it voted to bar the girl’s school from providing her with door-to-door bus service. A lawsuit filed in May by Erika Hernandez and Paolo Regalado says the restriction violates federal and state fair housing laws. The parents are asking the court to direct the Golf Course Estates Homeowners Association to allow the school bus back into the subdivision and award unspecified damages and legal fees…

Justice Department reaches Agreement with the City of Minneapolis to Resolve Disability and Genetic Information Discrimination

August  14, 2018 Source:ADA Complaint & ADA Agreement  |  Discrimination, ADA, Government

The Justice Department today announced that it reached an agreement with the City of Minneapolis to resolve its lawsuit alleging discrimination on the basis of disability and genetic information. The Justice Department’s complaint alleges that a veteran was not hired by the Minneapolis Police Department in violation of the Americans with Disabilities Act (ADA) because of his disability of post-traumatic stress disorder.  The complaint also alleges that Minneapolis engaged in a pattern or practice of discrimination in violation of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) by routinely requesting and obtaining genetic information from applicants for police officer positions during the pre-employment examination process.  This is the department’s first lawsuit challenging discrimination under Title II of GINA. Under the agreement, Minneapolis will pay $189,338.89 in damages to the complainant, and will implement policies, practices, and procedures to ensure that it does not discriminate in its hiring practices on the basis of disability, and does not request, require, or unlawfully obtain information in violation of the ADA or GINA.  Minneapolis will also train applicable Police Department employees…

Civil case dismissed, but ADA battle involving Fresno restaurant family still brewing

August 9, 2018  |  Source: Fresno Bee  |  Lawsuits/Litigation, ADA, Food Services

A Fresno judge has dismissed a civil lawsuit against a family-run business whose owners maintain they’re the target of what amounts to a shakedown over Americans with Disabilities Act rules. Superior Court Judge Kimberly Gaab ruled that Mission Law Firm did not follow California’s Code of Civil Procedures when it sued the Saniefar family in April 2017 because the law firm should have notified the defendants of their rights. San Francisco attorney John D. O’Connor, who represents Mission, said last week that his client still has a legitimate case against the Saniefar family…

Judge tosses ADA website suit against Aurora Policeman Credit Union

August 9, 2018  |  Source: Credit Union Journal & CUNA  |  Digital Accessibility, Lawsuits/Litigation, Credit Union, Financial Services

A lawsuit against $17 million Aurora Policeman Credit Union, Aurora, Ill., has been dismissed for lack of standing. The decision by Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois was announced late Tuesday. The Illinois Credit Union League and the Credit Union National Association on Wednesday issued a statement noting they joined together to defend APCU by filing a joint amicus curiae brief in support of the credit union’s motion to dismiss the complaint…

The ADA Is a Serial Litigator’s Dream

August 2, 2018   |  Source: The Patriot Post  |  ADA, Lawsuits/Litigation

In 1990, the Americans with Disabilities Act (ADA) became the law of the land, prohibiting discrimination against people with disabilities and making sure they have access to the same opportunities as everyone else. In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) expanded the definition of “disability” and overturned two court cases that allowed unnecessarily high standards of ability to be imposed on the claimants in those cases…

Website Accessibility Lawsuit Calls Foul on the Miami Heat

August 2, 2018   |  Source: Klein Moynihan Turco  |  Digital Accessibility, Lawsuits/Litigation, Sports

A Florida man has brought a class action lawsuit against the Miami Heat Limited Partnership (“Miami Heat”) for violating Title III of the Americans with Disabilities Act (“ADA”). Andres Gomez, the Plaintiff named in the website accessibility lawsuit against the Miami Heat, is alleging that, as a blind man, the Miami Heat’s online store does not provide him with full accessibility. Many business owners are aware of more traditional ADA lawsuits brought by people with disabilities who have been barred access to certain public accommodations…

July 2018

11th Circuit Determines Informational Websites for Places of Public Accommodation Are Subject to ADA

July 31, 2018   |  Source: Greenberg Traurig & PDF  |  Digital Accessibility, ADA, Awareness

On July 31, the U.S. Court of Appeals for the 11th Circuit issued a precedent-setting decision regarding how websites are viewed under Title III of the Americans with Disabilities Act of 1990 (ADA). In Dennis Haynes v. Dunkin Donuts LLC, et al., No. 18-10373, ___ F. 3d ___ (11th Cir. 2018), Dunkin Donuts conceded that its shops are places of public accommodation covered by the ADA but argued that its website is neither a place of public accommodation nor a good, service, facility, privilege, or advantage of its shops, and therefore its website is not covered by the ADA…

Some Credit Union ADA Cases Will Stay in Court, Judges Rule

July 31, 2018   |  Source: Credit Union Times  |   Digital Accessibility, ADA, Lawsuits/Litigation, Credit Union, Financial Services

In recent months, District Court judges have thrown out several lawsuits against credit unions over allegations that their websites do not comply with the Americans with Disabilities Act (ADA), but recent court filings show that at least three credit unions facing similar suits may be in for a tougher battle. Judges for the Eastern District of Michigan and the Eastern District of Virginia have denied motions to dismiss cases against Casco, Michigan-based Belle River Community Credit Union; Jackson, Michigan-based Aeroquip Credit Union and Silver Spring, Maryland-based FedFinancial Federal Credit Union…

Two Recent Rulings Likely to Generate Copycat Website Accessibility Lawsuits

July 27, 2018   |  Source: Steptoe & Johnson  |  Digital Accessibility, ADA, Lawsuits/Litigation, Title III, Serial Litigation, Retail

This week, the District Court of the Western District of Washington rejected an online retailer’s argument that an Americans with Disabilities Act (ADA) claim was moot based on remedial action taken to improve the retailer’s website after the complaint was filed. This follows on the heels of a similar decision last month from the Eleventh Circuit Court of Appeals, which ruled that a website remediation plan resulting from a settlement in an almost identical earlier-filed suit is not enough to moot a new lawsuit’s demand for injunctive relief under Title III of the ADA.

Website Accessibility Suits Threaten Omnichannel Sales

July 27, 2018   |  Source: Law360 (Subscription)  |  Digital Accessibility, Lawsuits/Litigation, Blindness/Visual Impairment

In the course of the development of the common law, with its unique dependence on a sometimes unholy alliance between enacted and judge-made law, curiosities will arise. Retailers, auction houses and others with consumer websites that support physical sales facilities have seen this recently, as lawyers around the country have driven in fifth gear to their nearest federal courthouses to file lawsuits on behalf of the visually impaired, claiming that those websites exclude the visually impaired from equal access in violation of federal law…

Class Cert Nixed in Wheelchair Accessibility Lawsuit Against Steak ‘n Shake

July 26, 2018   |  Source: The Legal Intelligence  |  Mobility, Lawsuits/Litigation, Restaurant, Disability Rights

The U.S. Court of Appeals for the Third Circuit has upended the grant of class certification to two disability rights advocates who sued the Steak ‘n Shake chain for lack of handicap accessibility to its restaurants. Chief Judge D. Brooks Smith wrote in the court’s opinion that the plaintiffs failed to meet a procedural requirement, Federal Rule of Civil Procedure 23(a), and thus the case had to be sent back to the lower court for further review…

Website accessibility lawsuits continue to plague hotels

July 26, 2018   |  Source: Hotel Management  | Lawsuits/Litigation, ADA, Digital Accessibility, Hospitality

The hotel and lodging industry has long been a target of Americans with Disabilities Act litigation. To no surprise, the industry has been hit hard by the latest wave of ADA litigation involving website accessibility, or so-called “surf-by” litigation (coined because someone simply visits a website to search for potential barriers to access). Countless demand letters and lawsuits alleging that a company’s website is inaccessible have resulted in private settlement agreements given the uncertain legal landscape…

The Morning Risk Report: Record Pace for Website Accessibility Lawsuits

July 23, 2018  |  Source: The Wall Street Journal: Risk & Compliance Journal  |  Lawsuits/Litigation, ADA, Digital Accessibility

Lawsuits accusing companies of failing to make their websites accessible to people with disabilities are being filed at a record pace this year, according to an analysis from law firm Seyfarth Shaw.

If the pace continues, the number of lawsuits filed in 2018 for violating Title III of the Americans with Disabilities Act will exceed 2,000, some 30% above the 2017 total, with most of the new cases dealing with website accessibility issues, the law firm said…

Most business websites are sitting ducks for ADA suits, experts say

July 22, 2018   |  Source: Sun Sentinel  | Lawsuits/Litigation, ADA, Digital Accessibility

Business owners who think that building a wheelchair ramp and grab bars in the restroom will ward off South Florida’s accessibility testers and their lawsuits need to fire up their computers, go to their websites and ask: “What’s missing?” Lawsuits accusing businesses of failing to ensure that their websites are accessible to deaf, blind, or otherwise disabled customers have been on the rise in recent years and show no sign of tapering off…

Website Access and Other ADA Title III Lawsuits Hit Record Numbers

July 17, 2018   |  Source: Seyfarth Shaw  |  ADA, Lawsuits/Litigation, Digital Accessibility

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. We have completed our mid-year analysis of the ADA Title III lawsuit numbers and the results are striking. ADA Title III Lawsuits (All Types).  Plaintiffs filed 4965 federal ADA Title III lawsuits in just the first six months of 2018, as compared to 7,663 for all of 2017.

Frequent ADA litigant sues Palo Alto motel

July 11, 2018   |  Source: The Daily Post  | Lawsuits/Litigation, ADA, Education, Hospitality

The Travelodge motel in Palo Alto has been hit with a lawsuit from Scott Johnson, a quadriplegic attorney who has sued hundreds of California businesses over violations of disability access law. The suit demands tens of thousands of dollars in damages for violations found in the two-star motel’s $150 guest rooms and parking lot at 3255 El Camino Real. Johnson says the lot only has one parking space reserved for those with disabilities where two are required, and the space’s access aisle isn’t big enough to accommodate a wheelchair-accessible van…

NAFCU files amicus brief supporting Magnify Credit Union in ADA suit

July 11, 2018   |  Source: Credit Union Journal  |  Lawsuits/Litigation, Credit Union, ADA, Digital Accessibility, NAFCU, Financial Services

The National Association of Federally-Insured Credit Union on Tuesday filed an amicus brief in support of $79 million Magnify Credit Union, Mulberry, Fla. The credit union was named in a lawsuit alleging its website violates the Americans with Disabilities Act. NAFCU noted the amicus brief it filed on behalf of Magnify CU is the 15th the trade association has initiated in support of credit unions facing litigation over what NAFCU contends are “unclear” website accessibility requirements under the ADA…

ADA website accessibility lawsuits on the rise

July 10, 2018   |  Source: NewsOK  |  Lawsuits/Litigation, ADA, Digital Accessibility, Awareness

By now, most businesses have already installed handicap parking spaces and wider doorways as a way to make their facilities more accessible. So can they finally stop worrying about accessibility lawsuits under the Americans with Disabilities Act? Unfortunately, they may not be out of the woods yet. A recent wave of lawsuits and demand letters has been hitting businesses across the United States, alleging that businesses are violating Title III of the Americans with Disabilities Act (ADA) by not providing websites that are accessible to disabled individuals, including those with visual or hearing impairments…

NAFCU files second appellate defending Northwest Federal Credit Union, 14th ADA-related Amicus brief

July 5, 2018   |  Source: CUInsight  |  Credit Union, ADA, NAFCU, Lawsuits/Litigation, Digital Accessibility, Financial Services

NAFCU today filed its 14th amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). This amicus, in support of Northwest Federal Credit Union, is the association’s second in a federal court of appeals and its third in support of Northwest. “NAFCU is encouraged by previous court decisions that determined the plaintiff in this case against Northwest has no standing to sue the credit union, and we are optimistic that the same will be found at the appellate level,” said NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt…

New Trend In Accessibility Lawsuits: The Class Action Complaint

July 2, 2018   |  Source: Fisher Phillips  |  Lawsuits/Litigation, Class Action, ADA, Disability Rights

Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living finding non-compliant facilities and bringing suit to have the facility brought into compliance—while, of course, seeking recovery of their attorneys’ fees. The vast majority of these cases involve matters that can easily be and are fixed, which means the stakes and settlements are relatively small. However, when grouped together, the numbers can add up…


June 2018

 

Hit refresh: Eleventh Circuit decision opens door for copycat ADA lawsuits

June 29, 2018   |  Source: Eversheds Sutherland  |  ADA, Lawsuits/Litigation, Digital Accessibility, Food Service

In a decision that may open the door for serial website accessibility lawsuits under the Americans with Disabilities Act (ADA), on June  19, 2018, the US Court of Appeals for the Eleventh Circuit ruled that the private settlement of an ADA website accessibility suit and ongoing remediation efforts by the defendant pursuant to that settlement, do not bar an ADA accessibility action filed later with respect to the same website. The decision in Haynes v. Hooters of America creates uncertainty for businesses seeking to resolve ADA website accessibility lawsuits, and may embolden plaintiffs to file multiple lawsuits against a single defendant…

Hamden Restaurant Settles ADA Complaint

June 29, 2018   |  Source: Hamden Patch  |  ADA, Inclusion, Restaurant, Lawsuits/Litigation, Settlement, Food Service

A Hamden restaurant will make improvements to its accessibility after reaching a settlement over allegations that it wasn’t operating in compliance with the Americans with Disabilities Act. U.S. States Attorney for Connecticut John H. Durham announced Friday that his office has reached settlement agreements with Ibiza Restaurant and Mangos, LLC in Hamden, to resolve allegations that Ibiza was not operating in compliance with the ADA. Ibiza leases its premises from Mangos…

Blind Pedestrians Sue the City to Improve Crosswalk Safety

June 27, 2018   |  Source: New York Times  |  Lawsuits/Litigation, Discrimination, Mobility, Blindness/Visual Impairment, ADA

Michael Golfo, who is legally blind, began to inch off the curb at Lexington Avenue and 63rd Street on his way home from work on Tuesday after sensing the whir of traffic moving to his left. Then he felt a tug of resistance from his guide dog, Tom. “I did not have the light,” said Mr. Golfo, 43, recalling how Tom “basically stopped me from going any further into danger.” On Wednesday, Mr. Golfo was among the plaintiffs who filed a lawsuit alleging that the city is violating the rights of the visually impaired by failing to update most of the city’s crosswalks with accessible pedestrian signals that use vibrating surfaces, noises and other vocal cues as a safety guide.

Groups sue LIRR over disabled-accessibility issues

June 27, 2018   |  Source: Newsday  |  Lawsuits/Litigation, Transportation, ADA, Disability Rights

 A group of disabled train riders have filed a federal lawsuit against the LIRR, accusing the railroad of discrimination for not doing enough to make its system accessible. The class-action suit was filed earlier this month by the Suffolk Independent Living Organization of Holtsville and members of the Long Island chapter of ADAPT, a national disabled advocacy group. The suit seeks unspecified damages and an injunction requiring the LIRR “to make all necessary modifications” to address the complaints…

Is your website ADA-compliant? Avoid becoming a litigation target

June 25, 2018   |  Source: Miami Herald  |  Lawsuits/Litigation, Awareness, ADA, Digital Accessibility

Public-facing businesses remain targets of litigation claiming that their websites are not accessible under Title III of the Americans with Disabilities Act (ADA) and similar state and local laws. The number of such lawsuits continues to trend upward, particularly in Florida, New York and California. The legal debate over web accessibility centers around whether the ADA applies to a website and, if so, what is the extent of the ADA’s coverage and what is the standard for compliance…

The Next Phase of ADA Suits? Appeals Court

June 22, 2018   |  Source: Credit Union Times  | Lawsuits/Litigation, ADA, Appeals Court, Digital Accessibility

As one Washington, D.C.-based credit union prepared to head to appeals court over allegations that its website violated the Americans with Disabilities Act, Wednesday more than 100 members of Congress signed a letter asking the U.S. Attorney General to help clarify language in the 1990 law that has fueled dozens of lawsuits against credit unions around the country. The letter asked the Department of Justice to clarify whether websites are subject to the Americans with Disabilities Act and, if so, what exactly websites need to have to be considered compliant with the law…

What Lawyers Need to Know: A Primer on Digital Accessibility Terms and Today’s Legal Landscape

June 21, 2018   |  Source: Microassist & LexisNexis  |  Awareness,  ADA, Digital Accessibility

This July will mark 28 years since President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. According to the Computer History Museum, five months after the ADA was enacted, Tim Berners-Lee prototyped the “WorldWideWeb” featuring a server, HTML, URLs, and the first browser. These two momentous events have changed the course of how society functions on a day-to-day basis, leveling many a playing field by providing easier, more expedient access to public accommodations, government services, and information. While they’ve existed in parallel, the ADA and the web have now collided….

NAFCU files 13th ADA-related amicus brief, first appellate defending DOLFCU

June 20, 2018 | Source:  CUinsight  |  Lawsuits/Litigation, NAFCU, Credit Union, ADA, Digital Accessibility, Financial Services

The National Association of Federally-Insured Credit Unions (NAFCU) today filed its 13th amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). This amicus, in support the Department of Labor Federal Credit Union, is NAFCU’s first in a federal court of appeals; DOLFCU’s case was initially dismissed in February. The association stood by DOLFCU during its first hearing earlier this year…

11th Circuit Revives Website Accessibility Lawsuit Against Hooters

June 20, 2018- Law.com & The National Law Review Ogletree Deakins  | Lawsuits/Litigation,  ADA, Digital Accessibility, Food Services

The U.S. Court of Appeals for the Eleventh Circuit has revived a lawsuit filed under the Americans with Disabilities Act demanding that the Hooters restaurant chain make its website accessible for those with vision impairment, holding that a plan to come into ADA compliance does not render moot a related lawsuit. A panel of three judges in a precedential decision Tuesday in Haynes v. Hooters reversed a ruling from U.S. District Judge Robert Scola Jr. of the Southern District of Florida dismissing the lawsuit…

More Good News On ADA Litigation

June 18, 2018- The New York Credit Union Association  |  Lawsuits/Litigation, Credit Union, ADA, Digital Accessibility, Financial Services

Carroll v. ROANOKE VALLEY COMMUNITY CREDIT UNION is the latest victory for credit unions arguing that the individuals seeking to bring claims against credit unions because their websites violate the ADA lack standing to bring these suits. This case involved a blind individual who argued that the credit union’s website. Among other things lacked alternative text which prevented visitors from obtaining vocal descriptions of the credit union’s graphics…

Lessons from the Legal Rebel: Lainey Feingold on Structured Negotiation

June 11, 2018   |  Source: IDIA  |  Lainey Feingold, Lawsuits/Litigation, Awareness, Negotiation, ADA, International

In a world where ‘honest lawyer’ is considered an oxymoron, (mis)characterizations of those in the legal profession as deceptive, aggressive, and combative are, unfortunately, common. In part, this can be understood within the context of the increasingly adversarial and zero-sum nature of litigation, which inherently posits two opposing sides. Leading disability rights lawyer Lainey Feingold, however, wants to solve problems differently. Rather than the skeptical and distrusting demeanor she feels some American law schools still cultivate amongst their students…

City of Atlanta Sued Over Dilapidated Sidewalks

June 11, 2018   |  Source: Daily Report  |  Mobility, Lawsuits/Litigation, Government

With Atlanta’s newly-minted Mercedes-Benz Stadium as a backdrop, attorneys representing a potential class of disabled city residents contended that the city’s infrastructure is so poorly maintained that it violates federal laws requiring accessibility to public venues. Decatur attorney James Radford and Atlanta attorney Andrew Coffman of Parks, Chesin & Walbert announced Monday that they have sued the city in federal court in Atlanta for reneging on a 2009 settlement agreement with the U.S. Justice Department that required millions of dollars of improvements to the city’s dilapidated sidewalks…

Website ADA Lawsuit Ruling Denies Telephone Auxiliary Aid Defense, but Limits Damages

June 7, 2018   |  Source: Klein Moynihan Turco & Seyfarth Shaw  |  Lawsuits/Litigation, ADA, Digital Accessibility, Food Services

On May 21, 2018, a California state court granted summary judgment to plaintiff Cheryl Thurston (“Plaintiff”) in a website accessibility lawsuit brought under California’s Unruh Act, which provides that a violation of Title III of the Americans with Disabilities Act is also a violation of the Unruh Act. Plaintiff, a resident of California who is legally blind, filed this website ADA lawsuit against a restaurant, the Midvale Corporation d/b/a The Whisper Lounge, in the Superior Court of California, County of Los Angeles…

Attorney: ‘L’-Evator Matter Has Been Settled

June 6, 2018   |  Source: Chelsea Now  |  Lawsuits/Litigation, Transportation, Mobility, ADA, Settlement, Government

One part of the community lawsuit against the city’s L-train shutdown plan has been resolved, according to attorney Arthur Schwartz. “We have an agreement on station accessibility in Manhattan,” Schwartz told our sister publication, The Villager. “There is a deal, and all of the plaintiffs are reviewing it for signature, and we will announce it sometime next week. Big win.” Schwartz said, at this point, the details of the settlement of that part of the lawsuit are “still confidential,” pending the announcement…

h/t MA

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