ADA – Hotels
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Quick Hits – Presidents Day 2019 Edition.
It’s been a year and 43 blogs since last President’s Day and like Yosemite falls, the broad picture of ADA and FHA litigation in America remains about the same despite the passage of time. A huge majority of the cases filed are from serial litigants operating as part of a lawyer sponsored litigation machine whose… Continue reading
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ADA Standing “when the truth don’t lie.”
“‘What is truth?’ said jesting Pilate, and would not stay for an answer.” These words from Francis Bacon’s famous essay on truth often seem to apply in the earliest part of an ADA lawsuit. Truth is important, but takes a back seat to procedure. In Gastelum v. Canyon Hospitality. LLC, CV-17-02792-PHX-GMS, 2018 WL 2388047 (D. Ariz.… Continue reading
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Weapons of Mass Confusion – meet the ADA and FHA.
The last ADA / FHA headline that reached my email in 2017 was about a woman in Florida who complained that her “service dog” was not allowed at the pool by her condominium association. It was not an unusual story, but it summed up the way the ADA and FHA, both individually and together have… Continue reading
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The nightmare before Christmas – ADA violations where everything is not enough.
Brooke v. A-Ventures, LLC, 2:17-CV-2868-HRH, 2017 WL 5624941, at *1 (D. Ariz. Nov. 22, 2017) is a case with an unusual procedural posture and a holding that shows a frightening misunderstanding of issues concerning website development. According to this judge, making a website accessible is an admission of an ADA violation and a business website can never… Continue reading
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Dialing for Dollars – a different view from a different coast
Courts in Florida, at least, do not appear to be impressed by the Ninth Circuit’s decision in Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 2017 WL 3401319 (9th Circuit, August 9, 2017).* In Seiger v. M&M Fin. Inv’rs Intl., Inc., 2017 WL 3971451, at *1 (M.D. Fla. Sept. 8, 2017) a District Judge in… Continue reading
