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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…
This afternoon the Ninth Circuit overruled the district court decision in Robles v. Domino’s Pizza LLC. Robles has always been an outlier. It is one of only a couple of cases holding that the absence of DOJ regulations made it unfair to prosecute claims against website operators under the ADA. The Ninth Circuit disagreed, adding additional weight to the lower court decisions finding that the lack of regulations does not raise due process concerns and confirming…
After my last blog on obesity and the ADA* Robert Taft, a subscriber who as far as I know is not related to the fattest U.S. President, William Howard Taft, was kind enough to point out several pending decisions that are likely to affect, if not clarify, the problems related to obesity as a disability. Today we’ll take a look at those cases and the influence they might have. In Richardson v. Chicago Transit Authority,…
A lawsuit claiming that Beyoncé’s website is not accessible to the blind has gotten lots of coverage*, but the real news of importance to business is that the plaintiff – Mary Conner – has filed more than 20 similar suits in the last twelve months. She claims to be a passionate Beyoncé fan who wanted to buy a special hoodie, just as she has claimed to be a passionate Rihanna fan who wanted to buy…
In Griffin v. Dept. of Lab. Fed. Credit Union, 18-1312, 2019 WL 80704 (4th Cir. Jan. 3, 2019), decided earlier today, the Fourth Circuit gave the defendant credit union a victory that on its face is meaningful only for credit unions and other membership organizations. However, although its conclusive denial of standing for the plaintiff was stated in the narrowest terms, the reasoning implies a view of standing with much broader implications. Standing requires that a plaintiff…
There is only one prediction that can be made with complete certainty about ADA and FHA litigation in 2019: Lawyers will continue to make money exploiting these laws for profit in the name of accessibility. The number of lawsuits continues to climb, and with Congress and regulators unwilling to do anything this exploitation will continue. However, before we face the new challenges of a new year it is time for a final look backward at…
The financial markets are bouncing around like ping pong balls, but there is one financial indicator that is only going up. For website accessibility litigation we have a bull market and no sign of a recession. Based on federal filings alone the number of website accessibility cases almost tripled in 2018, increasing by 181%*. For ordinary serial ADA litigation based on parking and restrooms the market is flat and the cases confirm the general lack…
Velez v. Il Fornanio (America) Corporation, 2018 WL 6446169, at *1 (S.D. Cal. Dec. 10, 2018) provides a perfect case study in the problems that arise when mental impairments give rise to physical impairments and both give rise to an ADA claim. The opinion isn’t long, but it deserves a careful look since obesity is on the rise and may represent the next frontier in disability rights litigation. The plaintiff in Velez sued after visiting three restaurants…
That’s right, it’s Cyber Monday. Interestingly enough there have been no ADA web access decisions since my last Quick Hits blog, but there are still a few developments of interest. The long road from an interesting partial victory to a final settlement. I blogged about States v. Mid-America Apartment Comms., Inc., 247 F. Supp. 3d 30, 36 (D.D.C. Mar. 27, 2017) last year.* The case was interesting because the defendant got a preliminary ruling suggesting that…