Over three decades since the Americans with Disabilities Act became law, federal authorities are implementing landmark regulations to clarify its application in the digital sphere. This month, the U.S. Department of Justice is poised to finalize a pioneering rule delineating technical standards for the digital accessibility of websites and mobile apps falling under Title II […]
Read more...Category: Americans with Disabilities (ADA) Lawyer
Website Accessibility Suits move to State Courts
There has been a significant increase in website accessibility lawsuits in New York City, specifically in the United States District Courts for the Southern and Eastern Districts. Since 2017, visually impaired individuals have initiated many legal actions against businesses, alleging violations of the Americans with Disabilities Act (ADA). By 2022, New York has become the […]
Read more...“Tester” Standing in ADA Cases Still Undecided by Supreme Court
As discussed in a previous blog post, the Supreme Court decided to review a case concerning “tester” standing (Acheson Hotels, LLC v. Laufer). This caused significant anticipation among those concerned with the enforcement of Title III of the Americans with Disabilities Act. However, the October 4th oral arguments raised doubts about whether we would receive […]
Read more...Does an ADA Tester have standing to sue?
The U.S. Supreme Court recently discussed a case related to the Americans with Disabilities Act (ADA). It was about whether a person who checks a business’s website for ADA compliance without planning to visit the business (“a tester”) can legally challenge it if it lacks required disability accessibility information. Here is some background: Deborah Laufer, […]
Read more...Does NYC Need Relief from ADA Shakedown Litigation?
Without question, the Americans With Disabilities Act (“ADA”) is a great statute that protects some of the most vulnerable Americans from discrimination. But, as with many laws, rules, and regulations, there is the potential for significant legal system abuse. Indeed, in recent years, there has been some outcry that abuse of the system has been […]
Read more...Not Everything on a Website must be ADA-Compliant says Federal Court
In general, the Americans With Disabilities Act (“ADA”) requires that businesses must accommodate those with disabilities when using their facilities and services. Over the past decade, federal and State courts have expanded the ADA accommodation rules to include websites (under many circumstances, but not all). That is, websites must be ADA-compliant by using “translation” software […]
Read more...Explaining “Standing” in ADA Litigation
Standing” is a legal concept that serves as a “gate-keeping” function in litigation. It allows only those with an interest in the case to be involved. So, for example, if there is a dispute between two NYC businesses, they will hire experienced NYC attorneys to file, defend, and prosecute the litigation. No one involved wants […]
Read more...NY Federal Judges say the ADA does NOT apply to websites
For at least a decade or so, there has been a legal debate about whether websites must comply with the federal Americans with Disabilities Act (“ADA”) — 42 USC § 12101 — by being accessible to the blind and others with disabilities. The ADA generally requires that all “places of accommodation” be accessible to those […]
Read more...ADA Defense and Compliance
The federal American With Disabilities Act (“ADA”) outlaws discrimination based on disability in “places of public accommodation.” See 42 USC § 12181, et seq. “Public accommodation” has a broad meaning and includes pretty much any commercial space. Suppose you are negotiating a commercial lease, among many other issues. In that case, it is essential to […]
Read more...ADA lawsuits decrease due to COVID lockdowns
ADA Title III actions against stores, restaurants, or other small businesses have declined over the past six months. Closures in businesses due to the pandemic have understandably resulted in fewer Americans with Disabilities Act cases. ADA Title III cases are designed to address the accessibility (or lack thereof) of disabled persons in public spaces. On […]
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