ADA Policies
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Bend the Knee – Auer deference in ADA Title II and III litigation.
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… Continue reading
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Quick Hits – Serial filer edition
All but two of today’s cases are from serial filers, and 7 of 17 are from a single serial filer, Scott Johnson. The fact that serial filers dominate the world of ADA litigation is hardly news; in fact, it would news if an ordinary disabled individual who suffered a real ADA injury filed suit. It… Continue reading
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“An atmosphere as quiet as an undiscovered tomb” – is that what the ADA requires?
In My Fair Lady Henry Higgins famously described his ideal room as having an atmosphere as quiet as an undiscovered tomb. Some anti-noise advocates would like to have the ADA impose this kind of requirement on every public accommodation. A recent news story* about this illustrates how little the press and public understand about what… Continue reading
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Lessons about the ADA from the CSUN Assistive Technologies Conference
I’m just departing from the 2019 Assistive Technology Conference with a few prejudices confirmed but with some new ideas as well. I spoke with a number of companies that sell consulting services for web accessibility based on a wide range of business models. Since the website litigation storm broke in 2015 the field has developed,… Continue reading
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ADA Title III year in review – it’s a bull market in website accessibility lawsuits.
The financial markets are bouncing around like ping pong balls, but there is one financial indicator that is only going up. For website accessibility litigation we have a bull market and no sign of a recession. Based on federal filings alone the number of website accessibility cases almost tripled in 2018, increasing by 181%*. For… Continue reading
