In the latest decision against an Arizona “high frequency ADA litigant”, the United States District Court for the Central District of California ruled this week that cases like Brooke vs. Perry Family Trust, et al. have no place in Federal Court. The plaintiff, Theresa Brooke, has filed hundreds of identical…
In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against Southern California hotels. The plaintiff, who claims she is confined to a wheelchair,…
Amid Growing Concerns Over the Proliferation of ADA Lawsuits, Congress and the California Legislature Address Measures to Curb ADA Abuse Since 2004, more than 20,000 ADA lawsuits have been filed in the country’s federal courts. The number of ADA filings in state courts is unavailable, but likely runs in the thousands. Nearly one…
Soon businesses with an online presence will be required to make their websites accessible to persons with disabilities or face litigation in state and federal court. The Americans with Disabilities Act (ADA) already requires businesses with a physical presence to comply with exacting and numerous standards (e.g., door width, counter…
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…
Since at least 2000, the U.S. Department of Justice (DOJ) has been advocating standardized website development and content to promote access to blind and low vision internet users. In 2013, the DOJ withdrew its proposed Advanced Notice of Proposed Rule Making (ANPRM) which would have established standardized internet protocols by…
FedEx sued for failure to provide effective auxiliary aids and services for hearing and speech impaired employees and job applicants Effective communication with blind, low vision, deaf, hard-of-hearing, speech impaired and cognitively challenged employees, potential employees, customers and guests is one of the fundamental tenets of the Americans with Disabilities…
Here are some of the most Frequently Asked Questions on service animal issues under the Americans with Disabilities Act or ADA. What qualifies as a “service animal?” Businesses . . . may ask only two questions of individuals regarding their service animals . . . Under the ADA, a dog…
Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ What you can learn from the DOJ’s settlement agreement with Starwood and The Phoenician The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities…
As we reported in January of this year, “The DOJ stunned both the hospitality industry and pool manufacturers when it proclaimed that only “fixed” or permanent pool lifts would comply with the new 2010 ADAAG Standards) to the extent “readily achievable.” (See ADA Defense Lawyer: Pool lift deadline of January…