After nearly two decades of peace in the vineyards, California wineries are once again the targets of ADA litigation. ADA lawsuits are being filed almost daily against wineries large and small by a single plaintiff, Andres Gomez. Mr. Gomez, a Miami resident, has sued more than 100 wineries in Northern…
We previously warned the hotel industry of the inevitable explosion of ADA website lawsuit filed against hotels. Well, that time is here. In 2020, we saw a surge of lawsuits filed against those in the hotel industry, alleging the failure to comply with 28 C.F.R. Section 36.302 (e) of the…
In 2020, we saw an explosion of federal lawsuits against hotels alleging that they failed to comply with 28 C.F.R. 36.302(e) of the Americans with Disabilities Act (ADA) by not identifying accessible features on their own and third party booking agents’ websites. Twice this year, we reported that ADA website…
Federal Judges Deal Further Blows to Deborah Laufer’s Nationwide ADA Lawsuits Against the Hospitality Industry: ADA Lawsuits Are Defensible by Martin H. Orlick On June 8, 2020, we reported on the opinions of a New York federal judge that 30 of Deborah Laufer’s Complaints had no place in federal court. …
In a case indicating that courts may be weary of serial plaintiffs filing multiple cookie-cutter lawsuits, a United States District Judge in the Northern District of New York has ordered a plaintiff to show that she has standing to bring ADA hotel website accessibility lawsuits to federal court. The disabled…
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…
See Part 1 – What you need to know about how we got here See Part 2 – Rights to due process and standing requirements This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc. and is reprinted with permission. ADA website litigation against the…
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:…
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…
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…