When facing a lawsuit under The California Unruh Civil Rights Act or Title III of the Americans with Disabilities Act (ADA), businesses and property owners should be aware of potential legal defenses that may be available to them. The law mandates that public accommodations (i.e., most businesses open to the…
Articles Posted in Compliance
ADA Title III Law Basics for Businesses and Landlords
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…
Serial ADA Plaintiffs Shifting Their Focus to Berkeley, and Three Basic Tips to Prepare for a Possible ADA Suit Against Your Business
Recently, there has been a flood of ADA lawsuits against small businesses in the City of Berkeley. Berkeley has historically been overlooked by serial ADA plaintiffs, seeing only about a few cases each year. However, it seems like these serial ADA plaintiffs have turned their attention to the City, which…
The ADA Does Not Require Website Accessibility Perfection
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…
How Will ADA Guidelines Impact Public Electric Vehicle Charging Stations?
You’re about to see a lot more Electric Vehicle Charging Stations (EVCS) on your daily drive. Within months of taking office, the Biden Administration announced an initiative to build half a million new charging stations across the country. The Infrastructure Investment and Jobs act, which passed in November 2021, includes…
ADA Alert: California requires electric vehicle charging stations to be accessible to drivers with disabilities
Sales of electric and hybrid vehicles are on the rise, as is the need for electric vehicle charging stations (EVCS) to charge those vehicles. More and more, we see hotels, hospitals, theaters, shopping centers, stadiums, apartment communities, and other commercial establishments that provide EVCS as a service to their guests,…
ADA Requires Hotels To Describe Accessibility Features On Website
Many hotels are not aware that the ADA imposes several requirements during the reservations process, including posting descriptions of the hotel’s physical accessibility features on its online reservations system. Starting around early 2018, serial ADA plaintiffs have filed significantly more lawsuits against hotels regarding this issue. In addition to the…
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…
Is your website accessible to the blind and vision impaired?
Is your website accessible to the blind and vision impaired? A version of this article was published by the California Bankers Association. How would you react if you received a letter from a law firm alleging that your company’s website is in violation of the Americans with Disabilities Act (ADA)…
Just published: The ADA Compliance and Defense Guide — free download
New Resource: The ADA Compliance and Defense Guide Download your free copy here. The Global Hospitality Group® of Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce the latest publication in our We Wrote the Book™ series : The ADA Compliance and Defense Guide, a practical handbook for…