In 2020, we saw an explosion of federal lawsuits against hotels alleging that they failed to comply with 28 C.F.R. 36.302(e) of the Americans with Disabilities Act (ADA) by not identifying accessible features on their own and third party booking agents’ websites. Twice this year, we reported that ADA website…
Emotional Support Animals Now Banned on Commercial Flights — Airlines are Crying “Woof” News accounts abound of passengers bringing a variety of so-called “emotional support” animals aboard commercial air flights. Who hasn’t seen a cute, expensive dog, cat or other animals on flights? And we have also heard about passengers…
Federal Judges Deal Further Blows to Deborah Laufer’s Nationwide ADA Lawsuits Against the Hospitality Industry: ADA Lawsuits Are Defensible by Martin H. Orlick On June 8, 2020, we reported on the opinions of a New York federal judge that 30 of Deborah Laufer’s Complaints had no place in federal court. …
In a case indicating that courts may be weary of serial plaintiffs filing multiple cookie-cutter lawsuits, a United States District Judge in the Northern District of New York has ordered a plaintiff to show that she has standing to bring ADA hotel website accessibility lawsuits to federal court. The disabled…
See Part 1 – What you need to know about how we got here See Part 2 – Rights to due process and standing requirements This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc. and is reprinted with permission. ADA website litigation against the…
Image by Erin Kelly via KPIX CBS SF Bay Area Just when you think you’ve seen it all, imagine your astonishment when boarding the train for your morning commute to find you’re sharing the ride with a miniature horse. That’s exactly what happened to some passengers taking BART (Bay Area…
See Part 1 – What you need to know about how we got here See Part 3 – Website litigation specific to hotels This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc. and is reprinted with permission. The Supreme Court and the Ninth Circuit:…
See Part 2 – Rights to due process and standing requirements See Part 3 – Website reservations: ADA litigation specific to hotels This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc., and is reprinted with permission. Part 1 – What you need to know…
When will businesses get clear direction on ADA website compliance? On October 7, 2019, the U.S. Supreme Court declined to hear an appeal by Domino’s Pizza LLC, sending Domino’s back to the trial court to determine if it can be sued under the Americans with Disabilities Act (ADA) by a…
A growing number of U.S. District Court judges in the Central District of California have taken steps to manage the growing number of Americans With Disabilities Act (ADA) lawsuits, particularly against hotels and retailers, and to curb ADA abuse. Since June 2019, five Central District judges have issued over 80…