Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.

As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took


Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement

By Eden Anderson

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


Continue Reading Ninth Circuit Makes Clear In Trilogy of Decisions That Disability Access Complaints Without Specific Barrier Allegations Will Be Dismissed

By Kevin A. Fritz

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

By Minh N. Vu and Kristina M. Launey

Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues.

While the current administration may still be unwilling to concede the election, it appears there will indeed be a new administration in charge at the Department of Justice (DOJ) come January
Continue Reading How Will DOJ Enforce Title III of the ADA in a Biden Administration?

By Minh N. Vu and John W. Egan

Seyfarth Synopsis: Reopening businesses need to carefully consider how social distancing and other Covid-19 mitigation measures will impact customers with disabilities and be prepared to make adjustments.

Covid-19 has had a profound impact on the ways in which we use (or, more accurately, avoid) public accommodations spaces in recent months.  As


Continue Reading Reopening Businesses Face Thorny Customer-Facing ADA Issues

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 Minh N. Vu

Seyfarth Synopsis:  Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s.

As we reported, the Ninth Circuit held in January that a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile app.  The court determined that
Continue Reading Domino’s To Ask Supreme Court To Consider Whether ADA Website/Mobile App Accessibility Lawsuits Violate Due Process

By Kristina Launey

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

By: Minh Vu, Kristina Launey and Susan Ryan

Employers need to be mindful that places of public accommodation (i.e., a business open to the public) are subject to Title III of the ADA, which brings a whole host of new issues and concerns to keep our readers awake at night.  Our colleagues who blog about Title III developments are
Continue Reading 2014 May Be a Banner Year for ADA Title III Lawsuit Filings

By Minh N. Vu

Only four months into 2014, the Department of Justice (DOJ) has already made clear that it is pursuing an aggressive enforcement agenda when it comes to the obligation of public accommodations to ensure effective communication with individuals with disabilities.

Please click HERE to read the “Management Alert” authored by our colleague on the ADA Title III
Continue Reading Justice Department Targets Websites, Mobile Apps, and POS Devices