Dante’s hell was a complicated place, as this map by Botticelli suggests. Although Rodney Atkins’ advice “if you’re going through hell, keep on going” appears sound, winding through all the complexities of the ADA and FHA can seem like descending
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.
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A short sharp shock – the end of the beginning for serial ADA lawsuits?
“Short sharp shock” is too good a phrase not to re-use, as proved by the fact that after its first use by Mary I of England to describe her hope that burning a few protestants would bring others back into…
Industrial ADA litigation – “roll me baby, just like a tumbling dice.”
The Rolling Stones famously asked that they be rolled like a pair of tumbling dice, and looking at recent Title III ADA headlines reminded me of just what a crapshoot ADA litigation can be. The good news for businesses is…
Stigmatic injury and how the 11th Circuit got in wrong in Laufer v Arpan
Can the 11th Circuit hold back the tide as King Cnut famously failed to do?² In Laufer v. Arpan LLC, 2022 WL 906511 (11th Cir. Mar. 29, 2022) the 11th Circuit disagreed with the Fifth, Tenth and Second Circuits concerning the injury…
DOJ Guidance on Website Accessibility and the ADA – it could be worse
On March 18 the Department of Justice published its Guidance on Web Accessibility and the ADA. Anything that helps businesses understand their ADA obligations is helpful, but the fact that this Guidance was posted on the beta site of…
ADA and FHA Quick Hits – it could be worse edition
Pictures of bombed out buildings and civilian casualty counts are a reminder that aggravating and expensive as ADA and FHA lawsuits can be, taking these disputes to court is a luxury most people in the world do not enjoy. For…
ADA and FHA Quick Hits – Not quite President’s Day edition part 1
The last six weeks have seen some important or at least interesting decisions under the Fair Housing Act and Title III of the ADA. If there is any common thread, it is that courts in general seem increasingly reluctant to…
Laufer v Looper – the death of tester standing, and not just in ADA cases.
I’m the last of the ADA bloggers to discuss Laufer v Looper, 21-1031, 2022 WL 39072, at *6 (10th Cir. Jan. 5, 2022) but reading the analysis by Bill Goren (Is Tester Standing a Thing When it Comes to Title III…
Laufer v Looper – chapter 2
In my last blog I explained why the 10th Circuit was mistaken when it distinguished Ms. Laufer, the tester plaintiff in Laufer v. Looper, from Ms. Coleman, the tester plaintiff in Havens Realty v. Coleman. If the Constitutional standard for injury is that…
Looking backward and looking forward – ADA and FHA prognostications
Janus, the Roman god who gave his name to January, famously had two faces, one looking to the future and the other looking back. I’m a little late for the New Years predictions and 2021 wasn’t all that much fun,…