I am belatedly blogging about two recent decisions that have already been discussed elsewhere.¹ The legal issues presented are interesting,² but for businesses concerned with service animals the practical lessons are, I think, more important.
In Mission Working Dogs a group of disabled individuals took their service dogs in training to a local mall where they
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Beer and website accessibility
I had the pleasure to join Chris Hinds and Amber Hinds of equalizedigital.com on their Accessibility Craft podcast. It was fun and, I hope, there was some good information to share about the law. You can find it here.
DOJ withdraws ADA Guidance – does it mean anything?
Not long after Trump was elected in 2016 the Department of Justice withdrew a number of older guidances intended to help businesses deal with ADA issues. For the most part the withdrawn guidances were out of date and their withdrawal was unlikely to have any effect on businesses with ADA issues.¹ The new Trump administration…
ADA and FHA Enforcement News
Letting someone else do your work for you is a very efficient way to write a blog, but I won’t use any form of AI because it seems to be a lot more A than I. Instead this time I’m pointing you to the work of others, with a few conclusions of my own.
Let’s…
Shooting the messenger in FHA cases revisited.
Some time ago I blogged on a case in which a lease broker was sued for conveying to a prospective tenant the owner’s discriminatory refusal to rent.¹ Today I’m taking another look at the shooting the messenger problem, this time with a difference; the messenger was an insurance broker. Thanks to Bill Goren for call…
ADA claims in NY State Courts – is there a winning strategy that makes sense?
Federal district courts in New York do not agree on whether the ADA covers internet only businesses and, to a lesser degree, on the extent to which website tester plaintiffs have standing. In response professional plaintiffs and their lawyers have been, for several years, filing suit in New York’s state courts.¹ On its face this…
Supplemental jurisdiction of Unruh Act claims in California – what will 2025 bring?
By Richard Hunt
In 2022 the 9th Circuit made it clear that a federal district court could decline to exercise supplemental jurisdiction over an Unruh Act claim . Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022). Vo v Choi has been cited 642 times, almost always in the context of a serial filer who has included an Unruh…
Everything you need to know about ADA Title III litigation
By Richard Hunt
On Friday, January 17, 2025 William Goren and I will present a two hour CLE webinar, “Access Denied: Avoiding & Defending the Expanding Field of ADA Claims (2025 Edition).” Here’s the advertisement with a free access pass code that you can use to attend the webinar.
This is kicking off a full year of webinars…
Consent Decrees as a solution for ADA website litigation
By Richard Hunt
I review almost all reported ADA decisions concerning website accessibility claims and so I often see orders adopting a consent decree to resolve a putative class action lawsuit. These decrees generally look very much like a private settlement agreement except that they do not say how much the plaintiff’s lawyer was paid and they contain…
We’ve got a lot to say – upcoming ADA and FHA webinars
By Richard Hunt
I’ll be presenting three new webinars in early 2025, starting with “Access Denied: Avoiding & Defending the Expanding Field of ADA Claims” for MyLawCLE on January 17, 2025. My co-presenter will be my colleague William Goren, whose blog http://www.understandingtheada.com is well worth reading.
On February 10, 2025 I’ll be presenting “Understanding Accessibility Requirements under the…