ADA Class Actions
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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 Compliance Policies and Procedures – you need them, and now.
A pair of recent cases, both brought by the same law firm on behalf of different plaintiffs, underscore the importance for every business of having policies and procedures for both ADA compliance and maintenance. This is especially important for businesses with multiple stores because a policy and procedure class action will elevate a single bad… Continue reading
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What a Trump presidency means for the ADA
The ADA played a typically minor role in the recent election. Democrats made it clear they were for the disabled but did not propose specific new programs. Republicans barely mentioned the disabled except for a brief controversy involving Trump mocking a disabled reporter. With disability rights playing such a minor role in Republican politics one might… Continue reading
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ADA and the Gig Economy – what Uber and Lyft cases mean for everybody.
Uber and Lyft have made news for the last couple of years because of allegations that their drivers do not provide appropriate service to disabled individuals.(1) Settlement of a national class action against Uber is awaiting court approval in the Northern District of California,(2) but as recently as October 13 another lawsuit was filed claiming that… Continue reading
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You can’t agree to what you can’t read – the perils of clickwrap when the ADA is involved.
This week’s decision in Nat’l Fed’n of the Blind v. Container Store, Inc., 2016 WL 4027711 (D. Mass. July 27, 2016) is a call to action for every business that uses a click to accept type license or other agreements. Such agreements may not be enforceable in an ADA context unless special care is taken. The case… Continue reading
