ADA Policies
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Quick Hits – First pre-Christmas Edition
If you’re not all in, you need to get out quickly. That seems to be a theme that runs through many of this week’s roundup of recent decisions. As we will see several times below, ADA lawsuits generally require a decision to surrender or fight to the death at the beginning of the case. Anything… Continue reading
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ADA website regulation – half empty, half full or just empty?
On September 25 the Department of Justice responded to a congressional plea for regulatory guidance with a firm “no.” In its letter to Congressman Ted Budd DOJ made it clear that it had no intention of restarting the regulatory process it abandoned last year and that it did not believe regulations were necessary or desirable. It… 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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Steak ‘n Shake – Almost but not quite there on policy based relief.
In Mielo v. Steak ‘N Shake Operations, Inc. 2018 WL 3581450 (3rd Circuit 2018) the Third Circuit took a close look at lawsuits seeking to require not just that a facility be made accessible, but also that the defendant be required to adopt policies assuring future accessibility. This is an important issue for defendants because a… Continue reading
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ADA inventory and personal devices – who pays for a personal preference?
The picture on the left is of a ParaGolfer – a mobility device that helps the disabled user stand up to play golf or engage in other sporting activities. The base price is around $34,000, and a pair of recent decisions from California, Nevarez v. Sumavision SFO LLC, 2018 WL 827969 (N.D. Cal. Feb. 12, 2018) and Nevarez… Continue reading
