ADA Title III

News & Insights

Seyfarth Synopsis:  Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss.  2018 has been a bad year for most businesses that have chosen to fight website accessibility cases filed under Title III of the ADA.  Plaintiffs filing in federal court secured their second judgment on the merits in a website accessibility lawsuit, bringing the federal court judgment score to 2-0 in their…
Seyfarth Synopsis: Not long after a similar Congressional appeal, Senators sent a letter to Attorney General Sessions urging action to stem the tide of website accessibility lawsuits plaguing businesses. On Wednesday, September 12, 2018, Senator Chuck Grassley (Iowa) announced that he and Senator Mike Rounds (South Dakota) sent a letter to United States Attorney General Jeff Sessions seeking clarification on whether the Americans with Disabilities Act (ADA) applies to websites. Senators Joni Ernst (Iowa), Thom…
Seyfarth Synopsis:  Is it a service animal or an emotional support animal?  Do I have to allow both?  How to tell one from the other, and the rules that apply. We get a lot of questions about service and emotional support animals.  It’s obvious that there is a lot of confusion out there.  Here is how to tell one from the other, and the rules that apply to both. Public Accommodations.  Under Title III of…
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth. We have completed our mid-year analysis of the ADA Title III lawsuit numbers and the results are striking. ADA Title III Lawsuits (All Types).  Plaintiffs filed 4965 federal ADA Title III lawsuits in just the first six months of 2018, as compared to…
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth. We have completed our mid-year analysis of the ADA Title III lawsuit numbers and the results are striking. ADA Title III Lawsuits (All Types).  Plaintiffs filed 4965 federal ADA Title III lawsuits in just the first six months of 2018, as compared to…
By: Kevin Fritz Seyfarth Synopsis: June 2, 2018 marked the second compliance deadline for movie theatres with auditoriums showing digital movies to comply with the ADA Title III Movie Captioning and Audio Description Rule.  June 2 marked the arrival of the second of four deadlines under the ADA Title III Movie Captioning and Audio Description Rule, which went into effect on January 17, 2017—45 days after its publication in the Federal Register. The time…
Seyfarth Synopsis: Responding to the surge of website accessibility lawsuits filed under Title III of the ADA, 103 members of Congress from both parties sent a letter to Attorney General Sessions urging action to stem the tide of website accessibility lawsuits. Just yesterday, a bi-partisan assembly of 103 members of the House of Representatives, led by Congressmen, Ted Budd (R-NC) and J. Luis Correa (D-CA), wrote a letter to Attorney General Jeff Sessions, urging the…
Seyfarth Synopsis: The World Wide Web Consortium just published an expanded version of the WCAG to add 17 more requirements to address new technologies and other digital barriers for individuals with disabilities. On June 5, the private body of web accessibility experts called the World Wide Web Consortium (W3C) published its update to the Web Content Accessibility Guidelines 2.0, aptly named the Web Content Accessibility Guidelines (WCAG) Level 2.1. The WCAG 2.1 is an extension of…
On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader, and ordered the restaurant to make its website comply with the Web Content Accessibility Guidelines (WCAG) Level 2.0 AA.  The court also ordered the restaurant to pay $4,000 statutory damages.  This is the second decision…
Seyfarth Synopsis:  A Missouri federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances. A federal judge in Missouri recently ordered a 4500-seat indoor theatre to provide open or closed captioning for all theatrical performances upon request with two weeks’ notice, in a lawsuit brought by deaf patrons and advocacy organizations. The Fabulous Fox Theatre in St. Louis, Missouri initially offered no captioning services of any kind…