In the space of three days in early December four different courts took very different approaches to standing allegations by serial ADA litigants. A comparison shows there is no certainty in how the law will be applied in ADA cases
Accessibility Defense
The Accessibility Defense blog, published by Hunt Huey PLLC, focuses on legal issues related to the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and disability rights enforcement. It covers topics such as ADA compliance and litigation strategies, fair housing obligations and enforcement trends, emotional support animal regulations, and the impact of federal administrative policies on disability rights. The blog also discusses legal ethics in the context of accessibility defense and provides analysis of legislative proposals affecting ADA enforcement. It aims to inform businesses, housing providers, and legal professionals about the practical and legal challenges in defending against accessibility-related claims and navigating evolving disability rights laws.
Latest from Accessibility Defense - Page 7
Quick Hits, Happy Holidays edition – ADA website litigation.
I’ve been busy in the last few months putting what I learn from reading new decisions about the ADA and FHA to use for my clients; hence this delayed blog. A number of interesting decisions concerning ADA website litigation came…
ADA website litigation 2022
I’ll presenting an updated version of my past webinars on ADA website accessibility litigation for University of Texas Law School CLE. Learn the theory and sometimes ugly reality of how and why website owners are sued and how you can…
Quick Hits – fall color edition.
Fall mushrooms are beautiful, but also potentially poisonous, which is a real stretch for an analogy to the disability protection provisions of the ADA and FHA. Here’s a roundup of the latest decisions.
Website accessibility – let’s review
…
What Williams v Kincaid tells us about interpreting the ADA
Williams v Kincaid, 2022 WL 3364824 (4th Cir. August 16, 2022) is not the first case to consider gender dysphoria as a disability, and marks the second time the Fourth Circuit has considered the difference between gender identity and gender dysphoria.¹ However, as…
FHA and ADA Quick Hits – afternoon showers edition
August is (in Texas at least) the month of afternoon thunderstorms. It’s a good metaphor for running a business subject to the ADA or FHA. Everything’s sunny and warm one minute then suddenly the wind is blowing and you are…
A victory on tester standing – lawsuit by Rafael Segovia dismissed.
I’m not above patting myself on the back, and today Judge Sam Lindsay granted a Motion to Dismiss I filed for the defendant in Segovia v. Admiral Realty, Inc., Case No. 3:21-cv-2478 (N.D. Texas August 4, 2022). Judge Lindsay found, correctly, that…
What’s bugging HUD – the latest HUD actions based on disability
HUD’s press releases are interesting reading, not because they help you understand the law, but because they help you understand what HUD thinks the law is, and because they are often object lessons in mistakes no housing provider should make.…
ADA regulations and the reality of website accessibility
The Meta Fair Housing Settlement: watch out for unintended consequences . . .
The Jurassic Park series of movies are all about unintended consequences. You can say the same thing about the Facebook advertising tools that were the subject of lawsuits against Meta. On June 21 the Department of Justice announced a settlement…