DOJ’s recent decision to put regulations concerning the internet and the ADA on indefinite hold has important implications for business, but not all of them are good.* It seems likely this move was prompted by executive orders from the Trump Administration requiring that agencies review proposed regulations and limit those that might increase costs to business. This has not been a notable success in terms of dollars. The savings so far ($22 million per year) amount to only .3% of the cost of regulations issued in the last five years. More important, at least with respect to the ADA, DOJ’s calculation that no regulation saves money ignores the very large cost imposed on business by uncertainty about how to deal with internet accessibility in an age when suing under the ADA is a large and growing industry. The proposed DOJ regulations, while they were absolutely wrong about the scope of the ADA with respect to the internet, at least provided business and the courts with guidance about what might be required. Without the regulations we are left in a wild wild west of conflicting court decisions and no officially sanctioned standard by which to judge internet compliance. More
Richard, along with Jason Taylor of Usablenet and Albert Rizzi, the founder of My Blind Spot is featured in a white paper titled “The State of Web Accessibility” published by Usablenet. It should be of interest to any business that wants to better understand the legal issues and practical problems of web accessibility. It can be downloaded using this link:
*Please note that our work with different web accessibility consultants does not represent an endorsement of any of them. Decisions on how to best approach accessibility should be made by any business after consulting with both counsel and a variety of consulting firms.
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Richard was also quoted in the latest whitepaper from Usablenet, “The State of Web Accessibility,” released in November of 2016. Contact us by email for a copy of the whitepaper.
By Richard Hunt in ADA, ADA - drive-by litigation, ADA - serial litigation, ADA FHA Legislation, ADA Internet, ADA Internet Web, ADA Miniature Horses, ADA regulations, ADA rulemaking, ADA service animals, DOJ, Uncategorized Tags: ADA service animals, miniature horses, service animals
“The Arizona Legislature altered laws this year that govern those service animals, specifically allowing businesses, especially restaurants, to tell an owner the animal must be removed if it is out of control or not housebroken.”
(Click here for complete article). This is interesting because the “altered law” does not appear to change anything. Under both the ADA and its Arizona equivalent businesses have always been entitled to exclude service animals that are out of control or not housebroken. Other details in the new law are also consistent with existing federal regulations concerning service animals. More
By Richard Hunt in ADA, ADA FHA Litigation General, ADA Policies, ADA regulations, Retail, Uncategorized Tags: ada litigation, ADA pleading, ADA standing, FHA ADA litigation "statute of limitations" strategy DOJ "attorney general" enforcement, private lawsuits, private litigants
This inspiring picture of a para-athlete should remind us all of what those with “disabilities” as defined by the law can achieve. It should also make the courts consider whether they have mis-construed the law concerning injury under the ADA. I’ve written many times before about the troubling tendency of some courts to ignore the actual injury requirement for lawsuits under the ADA. (See my posts on December 23, 2013, October 3, 2013, May, 2013 and especially Nov. 6, 2013). A recent decision from North Carolina shows how one court, at least, has adopted the common sense view that a plaintiff who has not been injured cannot maintain an action under the ADA. Blue v. Boddie-Noell Enterprises, Inc., 2015 WL 509831 (E.D.N.C. Feb. 6, 2015). More