Disability Law

I’m a day late with the St. Patrick’s Day Edition of Quick Hits but that’s no reason not to raise a toast to the saint who, as my great-grandfather William Mullin said, drove all the snakes out of Ireland except the politicians. Counter widths and the ADA Johnson v. Starbucks Corp., 2019 WL 699136 (E.D. Cal. Feb. 20, 2019) confirms what DOJ recently announced* – the ADA standards do not require that a sales counter…
I’m just departing from the 2019 Assistive Technology Conference with a few prejudices confirmed but with some new ideas as well. I spoke with a number of companies that sell consulting services for web accessibility based on a wide range of business models. Since the website litigation storm broke in 2015 the field has developed, but there is still no good accessibility solution for a small retail store or restaurant. Simple websites are less likely…
I’ll be co-presenting a talk on Website Accessibility Litigation with Jason Taylor of UsableNet Thursday morning March 24 at the CSUN Accessibility Conference CSUN Conference 2019. We will be covering both the litigation landscape and accessibility solutions to avoid litigation if possible. If you are there, or in the neighborhood, please come by. This is a follow-up to my appearance via photoshop at the Oscars.…
My family just got back from spending last week at Universal Orlando. We had a great time. An excellent place to take a teenager. I thought I would offer some thoughts on the accessibility challenges I saw while I was there. Before proceeding with that, I absolutely strongly encourage anyone who goes to Universal Orlando […]…
It’s been a year and 43 blogs since last President’s Day and like Yosemite falls, the broad picture of ADA and FHA litigation in America remains about the same despite the passage of time. A huge majority of the cases filed are from serial litigants operating as part of a lawyer sponsored litigation machine whose goals have nothing to do with accessibility and everything to do with making money. Congressional action aimed at serial litigation…
Before proceeding with today’s blog entry, I do want to express my wishes that everyone be safe with the terribly cold weather around the country today. My native city of Chicago is brutally cold today. Be safe and stay warm! Previously, I have talked about internship and externship sites being subject to the ADA here, […]…
Like Coke machines, websites are not places of public accommodation subject to the ADA according to Judge Sim Lake’s January 24, 2019 decision in Zaid v. Smart Fin. Credit Union, 2019 WL 314732 (S.D. Tex. Jan. 24, 2019). It is a holding of first impression in the Fifth Circuit and it can be hoped it will influence the flood of cases sure to follow.*  The Court’s reasoning was straightforward: The list of public accommodations in the ADA…
Must there a place at the bar for wheelchair users? Although there seems to be no relevant case law on the subject this is a contentious issue in many of the ADA cases we handle. It’s worthwhile to ask just what the ADA does or should require, or if that question can be answered based on the ADA and accompanying guidance and regulations.† The usual argument about accessible bars is simple. The 2010 ADA Standards…