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Articles Discussing Public Accommodations Under Title III of the ADA.
Websites Are Not Places of Public Accommodation Subject to Title III of the ADA, Federal Court in New York Rules
In a careful, reasoned decision that deeply explored the meaning of “public accommodation” under the Americans with Disabilities Act (ADA), the chief judge of the U.S. District Court for the Southern District of New York held in Mejia v. High Brew Coffee Inc. that websites and virtual-only businesses are not
ADA Compliance in Real Estate
Fido, Sit … Stay … and Roll Over for Your Court-Ordered ADA Inspection
In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a reasonable accommodation for that employee’s disability, and, if so, whether allowing the animal in the workplace
Pennsylvania Court Certifies Nationwide Class in Accessibility Case Against Public Accommodations
A federal district court judge has certified a nationwide class of people with mobility disabilities who allegedly had difficulty getting around the defendant’s stores due to aisle obstructions in violation of Title III of the Americans with Disabilities Act.
Because of Winn-Dixie: What Does the Eleventh Circuit’s Ruling Mean for Website Accessibility Claims?
In a long-awaited decision, the U.S. Court of Appeals for the Eleventh Circuit reversed a trial court ruling and held that Winn-Dixie had not discriminated against a visually impaired customer who alleged that Winn-Dixie’s website was not accessible to him. The appellate court reasoned that he had not shown
Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court Holds
A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA)
Eleventh Circuit Holds Websites Not Places of Public Accommodation Under ADA, Rejects ‘Nexus’ Standard
On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of public accommodation under Title III of the Americans with Disabilities Act (ADA), and that Winn-Dixie’s website
ADA Does Not Require Websites Be Accessible, Appeals Court Holds
A website is not a “place of public accommodation” within the meaning of Title III of the Americans with Disabilities Act (ADA), a federal appeals court has held in a groundbreaking decision on disability discrimination. And an inaccessible website is not necessarily equal to the denial of goods or services.
Understanding ‘Standing’: The Eighth Circuit Slams the Brakes on Three More ADA Title III ‘Drive-By’ Suits
Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has jurisdiction over Minnesota as well as several other states, recently affirmed the dismissals of
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a
The SCOTUS Decides Not To Grant Certiorari in Robles v. Domino’s Pizza
The much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals in Robles v. Domino’s Pizza.
Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business
With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation. The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. Fla. Sep. 14, 2018).
Court Finds Standing Requirement for ADA Title III Claim Requires Plaintiff To Have “Concrete and Realistic” Plan to Return to the Hotel
A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape Siesta Motel (MD FL Oct 4, 2018) the Plaintiff claims she encountered architectural barriers upon her visit to a motel in Brevard County, Florida. The Plaintiff lives about 175 miles from the motel but has a second home about 79 miles from the motel which she visits two to three times a month.
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.