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On April 23 at 11 a.m. eastern time I will be presenting a webinar on website accessibility litigation in conjunction with Jason Taylor of Usablenet, a firm that provides accessibility solutions for websites. It is free to register, just click on the following link for more information and instructions: Website Accessibility Litigation
A third of the reported ADA and FHA decisions in the last three weeks involved a single plaintiff, Scott Johnson. Mr. Johnson’s name is often found in this blog because he has been a fertile source of decisions on a wide range of ADA issues. As discussed below, outrage is one common response to his lawsuits. Outside the courts my ADA news feed delivers two kinds of articles for the most part. One kind complains…
Miami Valley Fair Hous. Ctr., Inc. v. Preferred Living Real Est. Investments, LLC,2018 WL 4690790, at  (S.D. Ohio Sept. 28, 2018) is not a brand new case, but it contains so much of interest it is worth a close second look by both defendants and plaintiffs in FHA design/build cases. The Court’s principal holding is the obvious but often overlooked rule the various safe harbors for the design and construction of multi-family dwellings are a…
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.…
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…
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…