ADA rulemaking
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DOJ withdraws ADA Guidance – does it mean anything?
Not long after Trump was elected in 2016 the Department of Justice withdrew a number of older guidances intended to help businesses deal with ADA issues. For the most part the withdrawn guidances were out of date and their withdrawal was unlikely to have any effect on businesses with ADA issues.¹ The new Trump administration Continue reading
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DOJ announces that there is no safe harbor for physical accessibility.
Early last month the Department of Justice filed a “Statement of Interest” in Migyanko v. Aimbridge Hospitality LLC¹ that should give pause to every business subject to Title III of the ADA; that is, every business. Two sentences from the Statement of Interest are of particular concern: “The ADA Standards do not address every aspect of Continue reading
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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 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was withdrawing 25 guidance documents related to disabilities and other forms of discrimination.* The documents were withdrawn because, according the Department of Justice, they were outdated, used to circumvent the regulatory process, or went beyond the requirements of the regulations.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
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ADA and the Internet Update – DOJ sends its regulations to Hanger 51
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. Continue reading
