Readers of my blog will recall that Republican efforts in the last few years to reform the ADA not only failed to pass, but also failed to address the real problems in enforcement of Title III.¹ An effort by Democrats is now part of the “Biden Plan for Full Participation and Equality for People with Disabilities.” The “Disabled Access Credit Expansion Act,” was introduced in 2019 bill by a group of Democratic Senators. The proposed legislation will make some very modest improvements in the ADA, but like its Republican counterpart mostly serves to point out deficiencies in the ADA that require far more aggressive action on behalf of small businesses and those with disabilities who continue to suffer from a lack of access to those businesses. More
Accessibility Litigation Trends
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA - serial litigation, ADA Internet, ADA Internet Web, ADA Web Access, ADA Website Accessibility Tags: ADA defense, ADA Website Litigation, Browsewrap, Clickwrap, Miracle-Pond, Shutterfly, website arbitration
I’ve written before about the possibility that a properly written clickwrap or browsewrap arbitration agreement could help tame the ADA litigation monster, which like the Hydra seems to grow two new heads for each one that is cut off. A new decision from the United States District Court in Illinois, Miracle-Pond, et al. v. Shutterfly, Inc., No. 19-CV-4722, 2020 WL 2513099 (N.D. Ill. May 15, 2020) confirms that except in cases involving California consumers* a clickwrap or browsewrap type agreement can indeed force a lawsuit to arbitration provided it is properly written and presented to the user. More
On May 19, 2020 Judge Fred Biery of the Western District of Texas entered and order enjoining various state officials from preventing individuals from voting by mail if they so desired based on a fear of contracting Covid-19. There will certainly be appeals and arguments about the ruling, but for those interested in disability law generally it serves as a reminder that “disability” is not a word whose meaning is fixed. More
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA - Hotels, ADA - serial litigation, ADA - Standing, ADA Class Actions, ADA Internet Web, ADA Mootness, ADA Policies, ADA Web Access, FHA, FHA design/build litigation Tags: ADA consent decree, ADA defense, ADA Testers, ADA Website Litigation, Beshay Foods, Braille gift cards, Coca Cola Freestyle, COVID-19, FHA Defense, First Fix then Fight, Jack-in-the-box, Johnson v Starbucks, Legal Justice Advocates, Portell Law Group, Seyfarth Shaw
Like most of you I’ve been working from home for the last couple of months, meaning primarily that my dogs are getting a lot of exercise. There has been no sign of any slowdown in the ADA and FHA litigation business, so there is plenty to cover in this Quick Hits edition.
Owners liability for leased premises – you can’t rely on your tenant.
By Richard Hunt in Accessibility Litigation Trends, FHA, FHA definition of handicap, FHA Emotional Support Animals, FHA Guidance, FHA Training Tags: assistance animals, Emotional Support Animals, FHA Defense, HUD guidance, service animals
On April 14 at 2:00 p.m. CST I’ll be presenting a one hour webinar on HUD’s January 2020 guidance on reasonable accommodations for animals. I’ll cover what HUD got right and wrong in this guidance and explain what housing providers need to know about the reasonable accommodation process in light of the guidance. Written materials include modified decision tree for accommodation requests.
The course is sponsored by the University of Texas School of Law and is approved for CLE credit. If you are interested in registering, this link will take you to the registration page: