This morning’s news featured a piece about ADA based attacks on workshops for the disabled (Morning Edition, National Public Radio). What’s bad about a special facility where those with intellectual and other severe disabilities can earn some money? According to the DOJ and supposed disabilities advocates it keeps the disabled from getting “real” jobs that pay at least the minimum wage. What’s the solution? Kick the disabled out of the sheltered workshops and see if they can make it in the real world, where many will not be able to find any work at all. It is worth noting, of course, that any disabled person always has the option of looking for conventional employment — none of the workshops involved compulsion. But because the DOJ and a small group of supposed advocates don’t like the way these programs serve the disabled the programs will be reduced in scope if not shut down entirely. More
Monthly Archives: April 2014
The next wave – ADA lawsuits against touchscreen POS devices
By richardhunt in Accessibility Litigation Trends, ADA, ADA FHA Litigation General, Restaurants, Retail Tags: ada litigation, POS Terminals, private lawsuits, private litigants, restaurants, retail
Touchscreen point-of-sale devices are ubiquitous, and the next wave of ADA lawsuits will undoubtedly be against businesses that use them. This is easy to predict because on April 10 the DOJ filed a “Statement of Interest” supporting the claims of the plaintiff in New v. Lucky Brand Dungarees Stores, Inc. (Case No. 14-CV-20574 in the Southern District of Florida). New has filed several lawsuits making essentially the same claim; that is, that a touch screen point of sale device violates the ADA because a blind user cannot input his or her PIN when using a debit card. Unlike a traditional keypad, the touchscreen has no tactile clues as to where to push for the PIN numbers, forcing a blind person to rely on the sales clerk or a third party to input the PIN. This, of course, compromises the security of the debit card. More