News & Analysis as of

Brick-and-Mortar Stores Americans with Disabilities Act (ADA)

Venable LLP

Website Accessibility: An Excerpt from the Advertising Law Tool Kit

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Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?...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

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

Troutman Pepper

California Appeals Court Determines ADA Not Applicable to E-Commerce Websites Lacking a Brick-and-Mortar Store

Troutman Pepper on

The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was...more

BakerHostetler

Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access

BakerHostetler on

Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the...more

Saiber LLC

New York District Court Holds That Website Without Public-Facing, Physical Operations is Not a “Place of Public Accommodation”...

Saiber LLC on

In 1990, many years before online shopping and web-based entertainment were mainstream, Congress passed the Americans with Disabilities Act (“ADA” or the “Act”), 42 U.S.C. § 12101 et seq. Under Title III of the Act, the ADA...more

Seyfarth Shaw LLP

California State Courts Continue to Issue Pro-Plaintiff Decisions in Website Accessibility Cases

Seyfarth Shaw LLP on

Seyfarth Synopsis: A second California Court of Appeal rules that websites with a nexus to a physical place of business are covered by Title III of the Americans with Disabilities Act, while a California trial court insists...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

Troutman Pepper on

Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

BCLP

No Longer a “Whisper” – California Appellate Court Joins List of Courts to Weigh in on Website Accessibility

BCLP on

In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more

Vedder Price

Practical Tips and Tools for Maintaining ADA-Compliant Websites

Vedder Price on

Title III of the ADA, enacted in 1990, prohibits discrimination against disabled individuals in “places of public accommodation”—defined broadly to include private entities that offer commercial services to the public. 42...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Determines that Absence of Federal Guidance Is No Bar to ADA Claims Challenging Websites and Mobile Apps

• The 9th Circuit held that, because a website and mobile app were auxiliary services of a place of public accommodation, they were required to be ADA-compliant. • This holding is limited to claims that the lack of...more

Foster Garvey PC

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

Foster Garvey PC on

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of...more

Arnall Golden Gregory LLP

News from AGG's Retail Industry Team - Summer Edition

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...more

Jaburg Wilk

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Foley & Lardner LLP

ADA in the Digital Age - Federal Court Strikes Down Inaccessible Website

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For the first time, a federal district court has granted a verdict finding that a private-sector company violated Title III of the Americans with Disabilities Act (ADA) because its website was inaccessible to a visually...more

Foley & Lardner LLP

A Cautionary Ruling for Website Accessibility

Foley & Lardner LLP on

Websites may constitute “public accommodations” under the Americans with Disabilities Act (ADA), according to one court. On June 12, 2017, in a case of first impression, a federal district court in Gil v. Winn-Dixie Stores...more

Fisher Phillips

Federal Court Decision Approves New Class Of “Surf-By” Lawsuits - Is Your Website Susceptible To ADA Title III Challenges?

Fisher Phillips on

A federal court in Florida issued a potentially groundbreaking decision earlier this week that could open the floodgates when it comes to a new trend in litigation filed under Title III of the Americans with Disabilities Act...more

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