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Total Articles: 5

Eleventh Circuit Doesn’t Give a Hoot About Prior Settlement Agreements

On June 19, 2018, in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. 2018), the Eleventh Circuit Court of Appeals eliminated a useful defense strategy in the website accessibility arena when it held that a business’s agreement to remediate its website in a prior, private settlement did not render moot subsequent actions seeking the same relief.

Are You Accessible In Cyberspace?—Healthcare Is Not Immune From the Latest ADA Title III Trend

Public accommodation lawsuits under Title III of the Americans with Disabilities Act (ADA) have been around for years, but traditionally involve physical barriers such as narrow parking spots or access aisles, lack of elevators, and inaccessible restrooms. Increasingly, these lawsuits are not just confined to brick-and-mortar accommodations, but involve cyberspace. For example, individuals who are visually impaired typically access organization’s websites by using certain software that reads a website’s content. If this software cannot read an organization’s website, however, a visually impaired individual may be unable to fully access its content.

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue.

Public Accommodation of Service Animals and Emotional Support Animals

Executive Summary: Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses that are open to the public – like shopping malls, restaurants, movie theaters, medical offices, recreational facilities, etc. As such, these entities are required to modify practices, procedures, and policies that infringe upon disabled individuals’ rights in certain circumstances. Service animal and emotional support animal accommodation has become an issue for businesses – and the media – as an increasing number of individuals have begun using emotional support animals. With that in mind, below is an analysis of the ADA public accommodation requirements for service animals, including general guidance for properly evaluating an individual’s use of service animals on or in the business premises as well as issues of accommodation for emotional support animals.

Emerging Accessibility Issues under Title III of the ADA

Title III of the Americans with Disabilities Act (ADA) requires employers in a wide range of industries to ensure public accommodations, i.e. make their sites, goods and services accessible to individuals with disabilities.
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