Hunt Huey PLLC

Quick Hits – Now is the summer of our discontent edition

By Richard Hunt

June 22, 2020

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Here’s a very unhappy looking King Richard III contemplating the murder of his nephews and possible rivals for the throne, or perhaps the latest headlines. While the latest cases on accessibility law don’t usually look like light reading, right now they are a cheery diversion from the rest of world events. Here we go: Voting Rights and the ADA People First of Alabama v. Merrill, 2020 WL 3207824 (N.D. Ala. June 15, 2020) deserves its…

Accessibility Defense

Injury without recourse – a primer on ADA standing from the 7th Circuit

By Richard Hunt

June 18, 2020

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One of the problem disability rights organizations face when they try to create sweeping change through litigation is that laws like the ADA protect individuals and redress individual injuries. The Supreme Court has recognized something called “organizational standing” that recognizes the harm an organization may suffer from illegal discrimination, but the Seventh Circuit’s recent decision in Access Living of Metro. Chicago v. Uber Techs., Inc., 958 F.3d 604 (7th Cir. 2020) illustrates how this court created…

Accessibility Defense

The “Disabled Access Credit Expansion Act” – a nearly useless effort from every perspective.

By Richard Hunt

June 2, 2020

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Readers of my blog will recall that Republican efforts in the last few years to reform the ADA not only failed to pass, but also failed to address the real problems in enforcement of Title III.¹ An effort by Democrats is now part of the “Biden Plan for Full Participation and Equality for People with Disabilities.” The “Disabled Access Credit Expansion Act,” was introduced in 2019 bill by a group of Democratic Senators. The proposed…

Accessibility Defense

A quick hit – arbitration could tame the ADA website litigation monster update

By Richard Hunt

June 1, 2020

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I’ve written before about the possibility that a properly written clickwrap or browsewrap arbitration agreement could help tame the ADA litigation monster, which like the Hydra seems to grow two new heads for each one that is cut off. A new decision from the United States District Court in Illinois, Miracle-Pond, et al. v. Shutterfly, Inc., No. 19-CV-4722, 2020 WL 2513099 (N.D. Ill. May 15, 2020) confirms that except in cases involving California consumers* a clickwrap or…

Accessibility Defense

“Disability” means what? A pandemic reminder that words are slippery

By Richard Hunt

May 21, 2020

On May 19, 2020 Judge Fred Biery of the Western District of Texas entered and order enjoining various state officials from preventing individuals from voting by mail if they so desired based on a fear of contracting Covid-19. There will certainly be appeals and arguments about the ruling, but for those interested in disability law generally it serves as a reminder that “disability” is not a word whose meaning is fixed. The Texas Election Code,…

Accessibility Defense

ADA and FHA Quick Hits – is it safe to come out yet edition.

By Richard Hunt

May 15, 2020

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Like most of you I’ve been working from home for the last couple of months, meaning primarily that my dogs are getting a lot of exercise. There has been no sign of any slowdown in the ADA and FHA litigation business, so there is plenty to cover in this Quick Hits edition. Owners liability for leased premises – you can’t rely on your tenant. Dunbar v. Empire Szechuan Noodle H. Inc., 2020 WL 2132339 (S.D.N.Y. May…

Accessibility Defense

On the hook: Website Developers may have ADA liability for inaccessible websites

By Richard Hunt

April 23, 2020

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Website developers and even remediation experts have reason to be concerned about a recent decision from California. In Bashin v. Conduent, Inc., Case No. RG18888208 in the Superior Court for Alemeda County, Judge Brad Seligman refused to dismiss ADA claims against the developer of a website for the State of California Department of Public Works and Recreation. Each part of the decision identifies a real risk that every website developer needs to be aware of. The…

Accessibility Defense

ADA and FHA Quick Hits – Spring has sprung edition

By Richard Hunt

April 16, 2020

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The Rite of Spring in the world of ADA and FHA litigation is a lot more like Stravinsky’s ballet – which terminates in the death of the lead character – than the bunnies and ducks that we usually associate with April. But whatever your spring festival, here’s the latest in the case law. Corona Virus and Title III of the ADA A great deal of attention has been paid to whether the disease Covid-19 constitutes…

Accessibility Defense

Time to learn more about HUD’s new animal accommodation guidance

By Richard Hunt

April 8, 2020

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On April 14 at 2:00 p.m. CST I’ll be presenting a one hour webinar on HUD’s January 2020 guidance on reasonable accommodations for animals. I’ll cover what HUD got right and wrong in this guidance and explain what housing providers need to know about the reasonable accommodation process in light of the guidance. Written materials include modified decision tree for accommodation requests. The course is sponsored by the University of Texas School of Law and…

Accessibility Defense

Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no.

By Richard Hunt

March 31, 2020

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This is going to be an unusual blog because most of it will be in a footnote of sorts. The legal part of the blog is easy. If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that…

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Quick Hits – Now is the summer of our discontent edition

Injury without recourse – a primer on ADA standing from the 7th Circuit

The “Disabled Access Credit Expansion Act” – a nearly useless effort from every perspective.

A quick hit – arbitration could tame the ADA website litigation monster update

“Disability” means what? A pandemic reminder that words are slippery

ADA and FHA Quick Hits – is it safe to come out yet edition.

On the hook: Website Developers may have ADA liability for inaccessible websites

ADA and FHA Quick Hits – Spring has sprung edition

Time to learn more about HUD’s new animal accommodation guidance

Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no.

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