ADA regulations
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Browsewrap could tame the ADA website litigation monster.
In the last two years the federal courts have had a number of opportunities to find that Title III claims under the ADA are not arbitrable and have declined the invitation. That doesn’t mean these cases are in fact going to arbitration. In every case I found the arbitration agreement was found to be unenforceable… Continue reading
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DOJ revamps its online information about Title III of the ADA
Yesterday the Department of Justice rolled out a new online technical assistance webpage that cleans up a lot of the organizational problems I’ve blogged about in the past.* You can find it here. It isn’t perfect. You might wonder why, for example, we still have both a “Primer for Small Business” and a “Guide for Small… Continue reading
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Let’s celebrate the ADA’s 28th birthday with meaningful reform of a broken system.
Last week marked the 28th anniversary of passage of the ADA and for a brief time the disability law headlines in my Google News feed were celebratory. On ordinary days there are mostly two kinds of headlines. One group of headlines condemns serial or “drive-by” lawsuits as an unfair attack on innocent small businesses, using words like “extortion”… Continue reading
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Obvious but often overlooked – it takes more than an impairment to be disabled under the ADA (or FHA)
The March 13 decision in Johnson v. NYS Office of Alcoholism and Substance Abuse, 1:16-cv-9769 (S.D.N.Y. March 13, 2018) shouldn’t be particularly interesting. The plaintiff claimed to be disabled because he was a recovering alcoholic. The Court dismissed the complaint because the plaintiff did not allege that his alcoholism interfered with a major life activity, explaining:… Continue reading
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DOJ withdraws ADA guidance on service animals – Good news, bad news or no news?
On December 21, 2017 Attorney General Jeff Sessions announced that the Department of Justice was withdrawing 25 guidance documents related to disabilities and other forms of discrimination.* The documents were withdrawn because, according the Department of Justice, they were outdated, used to circumvent the regulatory process, or went beyond the requirements of the regulations. The… Continue reading
