Yes, I’m briefly tooting my own horn because James Herrera of the Monterey Herald interviewed and quoted me in his article “Making Business Websites ADA Compliant.” He did a good job of explaining the situation that businesses find themselves in, so the article is worth reading for reasons beyond searching for my name, which is of course the first thing I did.…

I’ve been posting a lot of blogs in the last few days in an effort to catch up with a backlog of important or at least interesting cases. Just as I was wrapping up this Quick Hits blog the Sixth Circuit handed down its decision in Brintley v. Aeroquip Credit Union, precipitating the blog’s publication. Subscribers who feel they are being spammed can rest assured the pace of posts will slacken – assuming the pace of ADA…

Several colleagues shared Judge Paul C. Huck’s August 23, 2019 sanctions order in Johnson v. Ocaris Management Group, Inc., Case No. 1:18-cv-24586 (S.D. Fla. August 23, 2019), and it provides a good counterpoint to the cases discussed in my last Sea to Shining Sea blog. The short sweet news is that Scott Dinan, Florida attorney, and his partner in the ADA business, Alexander Johnson were sanctioned by the court and required to disgorge certain fees (amounting…

Nobody knows. The August 19, 2020 decision in Landis v. Washington State Major League Baseball Stadium Pub. Facilities Dist., 2019 WL 3891566 (W.D. Wash. Aug. 19, 2019) is thoughtful, thorough, and from the standpoint of those looking for certainty concerning the stadium sightlines argument inconclusive. The Court denied the plaintiffs’ request for a ruling that as a matter of law the T-Mobile Stadium at which the Seattle Mariners play failed to meet ADA requirements, but the Court…

Today’s blog concerns a couple of cases reported to me by colleagues in California and New York. They give a snapshot of how courts at both ends of the country are thinking about ADA lawsuits. The snapshot at left is pretty much in the middle, near Telluride Colorado. Welcome to the Hotel California I was alerted to the California case, Whitaker v. ARS REI USA Corp., by Vaughn & Associates, who represent the defendant. The case illustrates…

I’m not Maimonides, but I do think we need a Guide for the Perplexed concerning ADA website litigation because it seems that in many cases both courts and litigants have mistakenly treated websites as if they were buildings. Websites are not buildings, and recognition of that fact would do a great deal to eliminate or slow down abusive website lawsuits. If you are a defendant in such a suit or think you might be, this…

On August 9 the Department of Transportation issued its “Final Statement of Enforcement Priorities Regarding Service Animals” based on the Air Carrier Access Act and existing regulations. New regulations are on the way, but probably not any time soon,* so this Final Statement, which replaces an Interim Statement issued in May of 2018, is the most authoritative pronouncement on how DOT interprets its existing regulations. The method is a little roundabout. Instead of just saying…