Before delving into the fascinating details of ADA and FHA legal developments it doesn’t hurt to remember that in the larger scheme of things the day-to-day problems caused by flaws in the ADA and FHA are not as earth shattering as we like to imagine.
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA Internet Web, ADA Movies, ADA Policies, ADA Theaters Tags: Auer deference, Kisor v Wilke, Stadium seating, theater seating
Auer deference – the subject of the Supreme Court’s recent decision in Kisor v. Wilkie – has played a role in some important ADA cases, especially those concerning the line-of-sight issue for movie theaters and stadiums that Justice Kagan mentioned in her opinion. Despite this, Kisor is unlikely to have much effect on Title III jurisprudence both because of the limits on the decision, which confirmed Auer deference with a little explication, and because of the limits on Auer deference itself. Auer deference could be outcome determinative in ADA cases, but at the end of the day it is the court, not the legal principle, that matters. More
By Richard Hunt in Accessibility Litigation Trends, ADA Internet Web, ADA Movies, ADA Theaters Tags: Audio Description, Auxiliary Aids and Services, Closed Captioning, Hamilton the Musical, Lee Litigation Group, Scott Dinan
On January 23 the Lee Litigation Group and Scott Dinan, who frequently represent plaintiffs in ADA matters, filed suit against the producers, theater owners and others involved in the musical Hamilton. Their claim is that by failing to provide audio description* for their blind client the defendants violated the ADA. The Complaint, which can be read here, alleges both a violation of the general anti-discrimination provisions of the ADA and the specific requirement that public accommodations provide auxiliary aids. It points out, correctly, that in November of 2016 the Department of Justice issued regulations requiring audio description decoding equipment for movie theaters. Why not, it asks, require the same for theatrical productions? More