Title III of the Americans with Disabilities Act (ADA) regulates “places of public accommodation,” which covers nearly all businesses, commercial landlords, commercial tenants and their websites that are open to the public. The basic rule is that “No individual shall be discriminated against on the basis of disability in the…
As many business owners and commercial landlords know all too well, the number of Americans with Disabilities Act (ADA) lawsuits appears out of control, particularly in California where approximately 40 percent of ADA lawsuits are filed. Why is this? The answer lies in the legislative design. The ADA was signed…
Recently Thomas Dorobiala, through his law firm Apex Trial Law, has been sending a large number of complaint letters to various types of businesses alleging that the business’ website fails to comply with the California Unruh Civil Rights Act. Specifically, the letter states that Mr. Dorobiala is hearing impaired and…
Recently, Pacific Trial Attorneys has been pursuing claims against craft breweries throughout California for alleged Americans with Disabilities Act (ADA) and California Unruh Act website violations. Pacific Trial Attorneys is a well-known plaintiff’s law firm that has filed hundreds of ADA lawsuits against various businesses, often using the same few…
In a recent decision by Judge William H. Orrick, the court reviewed a website for compliance with the Americans with Disabilities Act (ADA) and found that minor imperfections on a website that do not meaningfully hinder access to the business are insufficient to constitute ADA violations. Gomez v. Trinitas Cellars…
Americans with Disabilities Act (ADA) lawsuits under Title III are often filed against businesses and landlords. They can be defended, however, if the plaintiff who filed the lawsuit lacks standing in court. This is more common than it might sound. In law, standing is a requirement for the party seeking…
Recently on March 18, 2022, the U.S. Department of Justice (DOJ) issued a “Web Accessibility Guidance” statement for state and local governments and public accommodations (including businesses) under Titles II and III of the Americans with Disabilities Act (ADA). A copy of the Guidance document can be found here. In…
On April 11, 2022, San Francisco District Attorney Chesa Boudin and Los Angeles District Attorney George Gascon filed a lawsuit against Potter Handy for allegedly filing thousands of fraudulent Americans with Disabilities Act claims. The complaint can be found here. The 58-page complaint alleges that Potter Handy filed thousands of…
There has been a sharp rise in the number of Americans with Disabilities Act (ADA) lawsuits filed in 2020 and 2021 thus far alleging a lack of compliant passenger loading zones. Many of these lawsuits have been filed against hotels in California throughout the state. The lawsuits are generally filed…
Title III of the ADA allows customers and visitors to sue businesses and landlords for disability discrimination in court. The alleged violations range from everything from parking lot slope to website design. What should you do if you’ve been sued under Title III of the ADA? Take a deep…