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Public Accommodation 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

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

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

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

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

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

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

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

Seyfarth Shaw LLP

Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

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Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing...more

Seyfarth Shaw LLP

A Second California State Court Judge Says the ADA Covers Online-Only Businesses

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Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more

Troutman Pepper

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

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The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

McManis Faulkner

Beyond Brick & Mortar – How Civil And Disability Rights Extend To Online Businesses

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Late last year, the California Supreme Court issued a ruling with implications for online businesses going forward.  In White v. Square, Inc., 7 Cal. 5th 1019 (2019), a bankruptcy attorney brought a claim against Square under...more

Carlton Fields

New Wave of Deaf and Blind Californians Suing Websites

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Is your website suitable for the blind or deaf? If not, you may well be sued in California even though your business is elsewhere....more

Seyfarth Shaw LLP

California Court Of Appeal’s Midvale Decision Opens The Floodgates For More Website Accessibility Lawsuits

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Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more

Troutman Pepper

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

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The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more

BCLP

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

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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

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