Image by Erin Kelly via KPIX CBS SF Bay Area Just when you think you’ve seen it all, imagine your astonishment when boarding the train for your morning commute to find you’re sharing the ride with a miniature horse. That’s exactly what happened to some passengers taking BART (Bay Area…
Articles Posted by Martin H. Orlick
ADA Website Accessibility Lawsuits Won’t Go Away in 2020: Part 2 – Rights to Due Process and Standing Requirements
See Part 1 – What you need to know about how we got here See Part 3 – Website litigation specific to hotels This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc. and is reprinted with permission. The Supreme Court and the Ninth Circuit:…
ADA Website Accessibility Lawsuits Won’t Go Away in 2020: Part 1 – How We Got Here
See Part 2 – Rights to due process and standing requirements See Part 3 – Website reservations: ADA litigation specific to hotels This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc., and is reprinted with permission. Part 1 – What you need to know…
ADA Website Compliance: It’s back to the trial court for Domino’s Pizza
When will businesses get clear direction on ADA website compliance? On October 7, 2019, the U.S. Supreme Court declined to hear an appeal by Domino’s Pizza LLC, sending Domino’s back to the trial court to determine if it can be sued under the Americans with Disabilities Act (ADA) by a…
Curbing Abusive ADA Litigation: Central District Judges Move to Control Their Dockets
A growing number of U.S. District Court judges in the Central District of California have taken steps to manage the growing number of Americans With Disabilities Act (ADA) lawsuits, particularly against hotels and retailers, and to curb ADA abuse. Since June 2019, five Central District judges have issued over 80…
Serial ADA Plaintiff Indicted by Federal Grand Jury for Income Tax Evasion
Serial Plaintiff Who Filed Nearly 3,000 Americans with Disabilities Act (‘ADA’) Lawsuits is Indicted by a Federal Grand Jury and Faces Possible Imprisonment and Fines for Income Tax Evasion In an ironic twist of fate, Scott N. Johnson, Esq., a disabled Sacramento attorney, who has filed nearly 3,000 ADA lawsuits…
Riverside County DA drops the hammer on ADA litigant and counsel to stop abusive litigation
UPDATE: On December 23, 2020, the Fourth Appellate District Court dismissed the Riverside County District Attorney’s case against James Rutherford and his attorneys, on appeal. As reported in our May 21, 2019 blog Riverside County DA drops the hammer on ADA litigant and counsel to stop abusive litigation, the DA’s…
Are your electric vehicle charging stations accessible to disabled guests under California’s latest regulations?
This article was updated in August 2021. Read the most recent version here. With the surge in popularity of electric and hybrid vehicles, the need to provide Electric Vehicle Charging Stations (EVCS) is on the rise at hotels, theaters, stadiums, and hotel mixed-use properties. If your EVCS are not accessible…
New Mexico Judge Dismisses 99 ADA Lawsuits as Fraudulent and Malicious — Entertains Sanction Motions
On October 26, 2017, a judge dismissed 99 ADA lawsuits, ordered an in forma pauperis plaintiff (a person without funds to pursue the cost of a lawsuit) to pay filing fees of $38,300 and authorized the defendants to file fee and sanction motions. Surely, this plaintiff’s lawyer rues the day she…
Judge Dismisses ADA Website Lawsuit
In September 2016, we published an alert that a group of plaintiff’s ADA lawyers had threatened a number of businesses – including hotels – with litigation claiming their websites failed to comply with “ADA Guidelines.” (Read ADA Compliance & Defense Lawyer: ADA Website Accessibility Lawsuits Escalate.) These lawsuits have since been…