Hospitality
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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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Dialing for Dollars – Ninth Circuit encourages abusive ADA litigation
In Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 2017 WL 3401319 (9th Circuit, August 9, 2017) the Ninth Circuit decided once again to make abusive serial ADA litigation as easy as possible, ignoring both the constitutional limits on standing and the way cheap standing† has created a crisis in ADA litigation that Continue reading
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Vending machines and the ADA
Even after 25 years of regulation and litigation ADA obligations are still often uncertain. Does the ADA require that vending machines be accessible to the blind and if so what does that mean? It really isn’t clear at all. In McGee v. Coca Cola Refreshments USA, Inc., 2015 WL 6620959 (E.D. La. 2015) the court held definitively that a Continue reading
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Gluten free for free? An ADA and P.F. Chang’s update
I reported in September on the decision in Phillips v. P.F. Chang’s China Bistro finding that a plaintiff with celiac disease had not stated a claim for discrimination under the ADA based on P.F. Chang’s policy of charging $1.00 extra for gluten free meals. On November 23, 2015 the same court found that the plaintiff had Continue reading
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Trash talk – ADA problems in the restroom.
Last week I wrote about the ADA problems created by point of sale displays. The same case, Kalani v. Starbucks Corp., 2015 WL 846651, at *4 (N.D. Cal. Feb. 25, 2015), includes a warning about trash cans and restrooms. In many older buildings, including those built after the ADA standards went into effect, restroom size is a Continue reading
