Articles Posted in Compliance

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Few states present greater ADA litigation risk to medical practices than California. In recent years, plaintiffs and ADA rights advocates have increasingly targeted medical facilities across the state, often filing high-volume lawsuits based on technical accessibility violations. Many practice owners are caught off guard, believing they are either compliant or too small to attract attention. In California, neither assumption is safe.

California is unique because ADA claims are almost always paired with the Unruh Civil Rights Act, which allows plaintiffs to recover statutory damages—typically $4,000 per offense, injunctive relief, and attorneys’ fees. This financial incentive has made California a hotspot for lawsuits against healthcare-related businesses of every size.

These claims are not limited to hospitals or large clinics. Targeted practices include physicians’ offices, internal and family medicine practices, dentists and orthodontists, oral surgeons, veterinarians and animal hospitals, physical therapy and chiropractic offices, mental health providers, psychologists and psychiatrists, urgent care centers, imaging and radiology facilities, dialysis centers, podiatrists, optometrists and ophthalmologists, audiologists, outpatient rehabilitation centers, fertility clinics, pain management practices, ambulatory surgery centers, addiction treatment facilities, medical spas and aesthetic salons, cosmetic and plastic surgery offices, acupuncture clinics, and specialty outpatient providers.

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Federal and state enforcement of the Americans with Disabilities Act (ADA) continues to evolve, creating significant compliance and litigation risk for public entities under Title II and businesses under Title III. While much of the attention around ADA compliance focuses on private lawsuits, government enforcement—particularly by the U.S. Department of Justice (DOJ) and California’s Civil Rights Department (CRD)—remains a powerful and often underestimated source of exposure.

The ADA Framework: Title II vs. Title III

The ADA is a federal civil rights statute that prohibits discrimination on the basis of disability. Two titles are most relevant to government enforcement actions.

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Public entities, from state and local governments to special districts like water or fire departments, rely on PDFs to convey information and communicate with the public. But inaccessible PDFs can exclude individuals with disabilities, risking noncompliance with Title II of the Americans with Disabilities Act (ADA). With new accessibility rules in effect, the clock is ticking—larger entities face an April 24, 2026, deadline, while smaller ones and special districts have until April 26, 2027.

Below we discuss the legal requirements and highlight possible solutions to ensure compliance, including Streamline’s new DocAccess tool.

The Legal Landscape: Title II and Subpart H Requirements

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It turns out crystal balls aren’t quite what they used to be. While they may be able to see into your future, they have not been able to see the rash of Americans with Disabilities (ADA) lawsuits filed against their businesses. Recently, we’ve seen an increase in ADA lawsuits targeting psychics and fortune tellers filed by So Cal Equal Access of Los Angeles. The claims follow a similar pattern: lack of accessible parking, improperly dimensioned restrooms, inaccessible paths of travel to the building entrances, missing signage, or websites incompatible with screen readers. While these ADA violations are generally easy to fix, if given advance warning, the first notification is when a process server shows up at the front door, but then, it’s too late. For small, cash-based businesses like psychics and fortune tellers, these lawsuits can permanently close doors.

The reality is, whether you can predict lawsuits or not, ADA compliance has been the law since at least 1991. The worst thing to do is ignore ADA compliance.

Building owners who lease to psychics and the businesses operators are equally liable to the plaintiff and both are frequently named in the same lawsuit. Whether you are the landlord or the tenant, here are a few things you may want to consider to provide better service to customers and to avoid litigation:

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Data is a key resource for artificial intelligence (AI) and technology companies. But with this power comes a critical responsibility: data security. For AI and tech companies, data security isn’t just a matter of ethics — it’s a legal requirement. A single breach can mean hefty fines, lawsuits, and reputational damage. Here are some of the key legal requirements shaping this industry and the practical steps to ensure compliance.

Key Data Protection Laws

Governments worldwide have crafted regulations like General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA), and the Family Educational Rights and Privacy Act (FERPA) to protect personal data as technology advances. Below are the essentials of these laws, organized for quick reference.

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Picture1Creating an accessible website is not just good for business—it’s a legal imperative to comply with the Americans with Disabilities Act (ADA) and California Unruh Civil Rights Act. The Web Content Accessibility Guidelines (WCAG) 2.1 AA standards are widely recognized as the benchmark for website accessibility by US courts. This article outlines actionable steps to achieve compliance, explores whether an ordinary person can tackle this independently, and provides a cautionary note about software overlay tools that have become very popular.

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The digital age has transformed how businesses interact with customers, but with this shift comes heightened legal exposure under the Americans with Disabilities Act (ADA) and Unruh Civil Rights Act. Website accessibility lawsuits now account for a substantial percentage of all ADA Title III claims in recent years—a trend fueled by plaintiffs’ attorneys targeting businesses with inaccessible online platforms. As courts increasingly recognize websites as “places of public accommodation,” compliance is no longer optional—it’s a necessity.

Drawing from our experience defending clients in high-stakes ADA litigation, including a landmark victory for Marriott in which the Court required the plaintiff to pay Marriott for filing frivolous litigation, this article outlines critical compliance strategies to mitigate risk and foster inclusivity.

The Legal Landscape: Why Websites Are Under Fire

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When facing a lawsuit under The California Unruh Civil Rights Act or Title III of the Americans with Disabilities Act (ADA), businesses and property owners should be aware of potential legal defenses that may be available to them. The law mandates that public accommodations (i.e., most businesses open to the public) be accessible to individuals with disabilities. Violations can lead to costly lawsuits and legal battles. However, there are many available defenses that defendants can raise to win lawsuits or mitigate liability. Here are a few of the most common legal defenses to consider (although there are others that you should discuss with your attorney):

  1. No Ownership, Operation or Control (Incorrect Party)

First, businesses and landlords are often incorrectly named in accessibility lawsuits. However, a business or landlord cannot be liable for property or website conditions that it does not own, operate or control. For example, a tenant cannot be held liable for areas of a parking lot that it does not lease and cannot legally alter. This often occurs in large shopping centers. JMBM was responsible for setting precedent in this area at the 9th Circuit Court of Appeal in the case Kohler v. Bed Bath & Beyond of California, LLC (2015) 780 F.3d 1260 (Case No. 12-56520). You must first determine if the correct party was named in the lawsuit.

  1. Compliance or Equivalent Facilitation

Sometimes plaintiffs file lawsuits alleging that there are “barriers to access” (i.e., violations) that do not exist. For example, businesses open to the public are generally required to provide an accessible entrance. But not every entrance needs to be accessible. A plaintiff might allege that the property lacks an accessible entrance not realizing one exists on the other side of the building. Certain serial Unruh plaintiffs now often file lawsuits alleging that a website is inaccessible to them as blind users. They or their counsel use automated testing tools, such as the WAVE Tool or Axe, to test the website for accessibility compliance. However, these tools are notorious for producing false positives – apparent violations that are not actual barriers and don’t violate the law. Therefore, it is important to assess the merits of the claims. There are many detailed, technical rules regarding the dimensions, slope, position, color, contrast and other aspects of accessible facilities. Thus, it is crucial to be familiar with the ADA standards and relevant rules in this area before making a determination about liability.

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Photo showing a judge's gavel.

Title III of the Americans with Disabilities Act (ADA) regulates “places of public accommodation,” which covers nearly all businesses, commercial landlords, commercial tenants and their websites that are open to the public.

The basic rule is that “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.” 28 CFR 36.201. The ADA applies to both the business itself and the landlord.

This requires that physical features of brick and mortar establishments meet certain standards. For example, accessible parking spaces must have a slope no greater than 2.1% with proper dimensions and signage. There is also a duty to provide “effective communication” under Title III of the ADA. This, at times, requires that American Sign Language (ASL) translators be provided free of charge and that websites be coded to allow blind users to use screen reading software on the website. Continue ›

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Recently, there has been a flood of ADA lawsuits against small businesses in the City of Berkeley. Berkeley has historically been overlooked by serial ADA plaintiffs, seeing only about a few cases each year. However, it seems like these serial ADA plaintiffs have turned their attention to the City, which should, at the very least, force all Berkeley public establishments to take notice of ADA issues.

Below are three basis tips that can help protect your restaurant or business from being subjected to these serial ADA lawsuits.

CASp Inspections

A Certified Access Specialist (“CASp”) inspection is the first line of defense that should be conducted on all properties that are used as a public accommodations. Public accommodations are any and all commercial or noncommercial entities that are open to and serve the general public. These include restaurants, clothing stores, record stores, bars, hotels, etc. Continue ›