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Americans with Disabilities Act (ADA) Unruh Civil Rights Act

Seyfarth Shaw LLP

Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules

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A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person....more

Seyfarth Shaw LLP

Ninth Circuit Green Lights Kiosk Accessibility Class Action

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Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

CDF Labor Law LLP

District Attorneys’ Unfair Competition Claim Against Serial ADA Litigant Barred By Litigation Privilege

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Companies hit with website accessibility or physical access claims brought under the Americans with Disabilities Act of 1990 (ADA) and/or California’s Unruh Civil Rights Act (Unruh Act) may experience great frustration upon...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Seyfarth Shaw LLP

California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather Watch

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Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024....more

Davis Wright Tremaine LLP

California Proposes Website Accessibility Law with Significant Compliance Obligations and Liability Risks Nationwide

On June 12, 2023, the California Assembly's Judiciary Committee replaced the full contents of AB 1757 (a bill originally addressing court consolidation) with new legislative language featuring heightened standards for...more

Seyfarth Shaw LLP

New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

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Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and...more

Mintz

U.S. Supreme Court Grants Cert in ADA “Tester” Case

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In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled...more

K&L Gates LLP

New California Bill Expands Guidance to Businesses to Mitigate Accessibility Claims for Websites, Parking Lots, and Other Exterior...

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In California, the Unruh Civil Rights Act (Unruh) seeks to protect individuals from discrimination on the basis of disability and includes accessibility requirements for privately owned businesses. Businesses that do not...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Supplemental Jurisdiction Declined

This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI - The Court holds...more

Husch Blackwell LLP

Some Clarity At Last: California Court of Appeals Holds Websites Are Not Places of Public Accommodation Under the ADA

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On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more

K&L Gates LLP

California Court Curbs Website Accessibility Claims Against Online-Only Businesses

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Title III of the Americans with Disabilities Act (ADA) prohibits private entities from discriminating against disabled individuals. Specifically, it prohibits a “place of public accommodation” from discriminating “on the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Signal Piracy and Supplemental Jurisdiction

This week, the Ninth Circuit examines the requirements for signal piracy liability under the Cable Communications Policy Act and Communications Act, and explains when courts must give notice before dismissing a state law...more

Morgan Lewis

California Appellate Court Holds Web Access Claims Against Web-Only Businesses Fail Under ADA and Unruh Act

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The California Court of Appeal, Second Appellate District, issued a decision on August 1 holding that websites without any connection to physical place of business are not “places of public accommodation” under Title III of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more

Clark Hill PLC

California Court of Appeal Holds That Solely Online Retailers Without a Physical Location Are Not Liable for Inaccessible Websites...

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California’s Unruh Civil Rights Act (Civil Code section 51, et seq.) confers a right to a civil action against businesses that intentionally discriminate against individuals with disabilities or, alternatively, violate the...more

Proskauer - California Employment Law

California Court of Appeal Holds Online-Only Business Websites Are Not “Public Accommodations”

On August 1, 2022, the California Court of Appeal joined longstanding Ninth Circuit precedent in determining that online-only businesses are not “public accommodations” covered under Title III of the Americans with...more

CDF Labor Law LLP

California Court Holds Digital-Only Websites Do Not Qualify As “A Place of Public Accommodation” Under The Unruh Act

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After an explosion of “website accessibility” cases in recent years where plaintiffs sue internet-based companies under Title III of the Americans with Disabilities Act (ADA) alleging that the websites are not accessible...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

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The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 5, 2022

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The California Supreme Court issued the following decisions: County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more

Seyfarth Shaw LLP

ADA Title III Federal Lawsuit Filings Hit An All Time High

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Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping. As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Supplemental Jurisdiction and The Unruh Act

This week, the Court tackles the jurisdictional implications of California’s attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court. ARROYO JR. v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is the Tide Turning on Website Accessibility Claims? California Court of Appeal Upholds a ‘Bona Fide Intent’ Requirement

The Court of Appeal of the State of California, Fourth Appellate District, recently handed a potentially significant website accessibility win to the business community under the Unruh Civil Rights Act (Unruh Act) when it...more

Foley & Lardner LLP

California Appellate Court Holds Plaintiffs in Website Accessibility Challenges Must Have “Bona Fide Intent” To Use Services

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Across the country, companies have been grappling with website accessibility challenges filed by serial plaintiffs alleging the company’s website is not fully accessible to individuals with disabilities. The complaints...more

BCLP

California Federal Court Holds Domino’s Website Violates the ADA, Limits Penalties Under Unruh Act to $4,000

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A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more

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