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9th Circuit Court of Appeals clarifies applicability of Title III of the Americans with Disabilities Act to websites and mobile applications

On January 15, 2019, the Ninth Circuit Court of Appeals issued a decision with important ramifications for website and mobile application (“mobile app”) accessibility under Title III of the Americans with Disabilities Act (“ADA”). In Robles v. Domino’s Pizza, the plaintiff asserted claims for violations of the ADA relating to alleged accessibility barriers encountered on the […]

Number Of Federal Website Accessibility Lawsuits Nearly Triple, Exceeding 2250 In 2018

[Graph: ADA Title III Website Accessibility Lawsuits in Federal Court: 2017-2018: 2017: 814; 2018: 2258, 177% increase over 2017. *The number of cases that could be identified through a diligent search.] As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were […]

The Muddy Waters of ADA Website Compliance May Become Less Murky in 2019

The Scope of the Issue The Americans with Disabilities Act (the “ADA”) has been the source of a tremendous amount of litigation since President George H.W. Bush signed it into law in 1990.  Over the past few years, Plaintiffs’ counsel have developed a cottage industry of sorts by filing thousands of lawsuits alleging that company […]

ADA Case Law and Statutory Updates

Lawsuits under Title III of the Americans with Disabilities Act, or ADA, based upon a company’s alleged failure to make its website accessible to the visually impaired or legally blind exploded in 2017 and 2018. In Gil v. Winn-Dixie, 2017 U.S. Dist. LEXIS 90204, the only known website accessibility case to actually go to trial, Judge […]

There’s already a blueprint for a more accessible internet. If only designers would learn it

The internet can be a hostile space for 15% of the world’s population who experience some form of disability. Try navigating a website as someone who is visually impaired: Turn on voice command on your computer (Command ⌘ + F5  if you’re on a Mac, enable Navigator if you’re on a PC) and go to Amazon’s Kindle store. You’ll […]

Lawsuits targeting business websites over ADA violations are on the rise

The boutique Avanti Hotel is known for its poolside, dog-friendly rooms. Yet its website uses the valuable opening page not to highlight the Palm Springs inn’s amenities, but to explain, in stark black letters on a plain white background, that the Avanti violated the Americans with Disabilities Act. Like thousands of other businesses in the […]

The Business Case for Digital Accessibility

A business case is a necessary tool for organizations when planning for various initiatives. Whether an organization is commercial, educational, non-profit, or governmental, most require justification for dedicating resources such as money or effort in support of a specific organizational policy or goal. “Business” in this article refers to all types of organizations with the […]