Point of Sale
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ADA Title III and Point of Sale Devices – technology, regulation and changing expectations
*In just the last 10 days two different courts have taken completely different approaches to Point of Sale (POS) terminals commonly used for self checkout lines. In the more recent decision, National Federation of the Blind, Inc. v. Wal-Mart Associates, Inc. 2021 WL 4750521 (D. Md. Oct. 12, 2021) a carefully reasoned opinion rejects the notion… Continue reading
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Browsewrap could tame the ADA website litigation monster.
In the last two years the federal courts have had a number of opportunities to find that Title III claims under the ADA are not arbitrable and have declined the invitation. That doesn’t mean these cases are in fact going to arbitration. In every case I found the arbitration agreement was found to be unenforceable… Continue reading
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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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Wasted time and money – Starbucks and the ADA
In some ways the 9th Circuit’s recent decision in Kalani v. Starbucks Coffee Co., 2017 WL 2813864, at *1 (9th Cir. June 28, 2017) is one of the saddest in the long history of ADA litigation. Robert Kalani was a mild kind of serial plaintiff who filed 15 cases in the Northern District of California over… Continue reading
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Counter clutter – Is it a barrier or a bad policy under the ADA?
Point of sale merchandising has ADA implications that many retailers overlook. POS devices that are not accessible by the blind are claimed to violate the ADA and have attracted the attention of major disabilities rights groups.* A recent case from California, Johnson v. Lababedy, 2016 WL 4087061 (E.D. Cal. Aug. 2, 2016) serves as a reminder… Continue reading
