retail
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The next wave – ADA lawsuits against touchscreen POS devices
Touchscreen point-of-sale devices are ubiquitous, and the next wave of ADA lawsuits will undoubtedly be against businesses that use them. This is easy to predict because on April 10 the DOJ filed a “Statement of Interest” supporting the claims of the plaintiff in New v. Lucky Brand Dungarees Stores, Inc. (Case No. 14-CV-20574 in the Southern Continue reading
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Missing the forest for the trees – Are the ADA Standards just a bunch of numbers?
On September 30 the District Court for the Eastern District of California denied in part and granted in part a defense motion for summary judgment concerning ADA compliance in the mens restroom at a Bed Bath & Beyond. Feezor v. Excel Stockton LLC, 2013 WL 5486831 (E.D.Cal. 2013). In a 5300 word opinion the Court mentions only Continue reading
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Curb cuts, accessible parking and avoiding ADA litigation
95% of the ADA lawsuits filed in Texas and elsewhere seem to start with barriers to access in the parking lot. It isn’t hard to understand why. Before the effective date and for many years afterwards business owners believed that a ramp up to the existing curb next to a marked parking spot was all Continue reading
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Patience pays off when defending ADA cases
“Don’t fire till you see the whites of their eyes” was William Prescott’s famous advice to the colonial soldiers defending Bunker Hill, and that kind of patience can be important to ADA defendants as well. Property owners and operators sued under the Americans with Disabilities Act always face a strategic choice: Should they simply remediate Continue reading
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Starbucks and the ADA – more perilous settlements and temporary victories
Starbucks has a long history of litigation about the height of its pickup counters. In 2003 Starbucks settled a claim by a California disabilities rights group concerning the height of its pickup counters. In 2011 Starbucks obtained the dismissal of another pickup counter height lawsuit, Chapman v. Starbucks, 2011 WL 66823 (E.D.Cal. 1022) based on Continue reading
