Seyfarth Synopsis: Ninth Circuit concludes in trilogy of disability access cases that complaints must specifically allege unlawful conditions.
Over the years, ADA Title III complaints filed by the plaintiff’s bar have gotten progressively more vague with respect to the barriers alleged. This is no coincidence: Some have stated outright that they keep those allegations vague so businesses
Seyfarth Synopsis: Emotional support animals will no longer be categorized as “service animals” under the Air Carrier Access Act under new Department of Transportation regulations.
Questionable verifications for certain assistance animals have frustrated the airline industry for years. From peacocks to pigs, all sorts of furry and feathered companions have accompanied individuals on domestic
Continue Reading No More Friendly Skies for Emotional Support Animals
Seyfarth Synopsis: The ADA Title III team launches the second installment of its 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities. This video covers reasonable modifications to normal policies, practices and procedures.
Take a look at Part 2 of our video series!
If you enjoyed Part 1 of ADA 30: 30
Continue Reading Seyfarth Team Launches Part 2 of its ADA 30: 30 Tips for 30 Years Video Series
By Minh N. Vu
Seyfarth Synopsis: Depending on the staffing and layout of the retail store, some examples of accommodations may be reasonable and not cause undue hardship.
Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability.
Continue Reading Mask Policies Put Businesses Between A Rock And A Hard Place
By Kevin Fritz and Latoya Liang
Seyfarth Synopsis: In a recent decision, the Seventh Circuit agreed with the Fourth Circuit in holding that a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury in fact that can support standing to sue.
The plaintiff in Carello v. Aurora Policeman Credit Union, a blind
Continue Reading Seventh Circuit Holds “Indignation” is Not an Injury-In-Fact
By Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: Data from the first six months of 2019 shows a 12% increase over 2018.
The task of counting the number of ADA Title III lawsuits filed in federal courts grows with the ever-increasing numbers of lawsuits. For the period from January 1, 2019 through June 30, 2019,
Continue Reading Federal ADA Title III Lawsuit Numbers Continue to Climb in 2019
By Kristina M. Launey and Myra B. Villamor
Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair Employment and Housing Act.
Over the past few years, we have frequently written about the proliferation
Continue Reading Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications
Last week, a California State Court became the first in the nation to rule that a retailer violated the Americans with Disabilities Act due to a website that is not accessible to individuals with vision-related disabilities.
As we have previously reported, courts have ruled on whether the ADA applies to websites, but have always stopped short
Continue Reading A First: California Court Rules Retailer’s Inaccessible Website Violates ADA
By Brent I. Clark, Erin Dougherty Foley, and Craig B. Simonsen
By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015).
The President declares that “no person should suffer the tragedy of losing someone as a result of drunk, drugged, or distracted driving….” He notes that
Continue Reading President Declares “National Impaired Driving Prevention Month”
Seyfarth’s ADA Title III Specialty Team has reported extensively on the legal uncertainty surrounding the accessibility of businesses’ websites to individuals with disabilities. Today it reports that businesses’ long wait for website accessibility regulatory guidance will continue, as the Department of Justice (DOJ) announced last week that it will not issue any regulations for public accommodations websites
Continue Reading Exploding Consumer Web Accessibility Litigation: Remember, Employees Use The Web Too