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…
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…
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…
How many judges does it take to rule that shopping center tenants are not liable for ADA violations in common areas? This article was first published in the October 2015 issue of the California State Bar’s Real Property Law Section E-Bulletin. Congress passed the Americans with Disabilities Act of 1990 (“ADA”)…
The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons…
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)…
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…