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“Everything else is just talk, just window dressing.”, Now there’s another chance to settle, without the governor’s help…, August 1, 2019   |  Source: Fisher Phillips  |, In a recent web alert, we discussed the compliance challenges that many dealerships face when dealing with employees with disabilities. “This year looks to be a record for filings” that invoke the ADA, says Adam Morey, public affairs manager for the Lawsuit Reform Alliance of New York. What the Actual Heck?!?! Equal Employment Opportunity Commission (EEOC). Versions of those lawsuits are familiar to government attorneys around Florida. The ADA builds on protections established within the 1964 Civil Rights Act, and the ADA’s employment provisions afford employees with disabilities the right to request and receive reasonable accommodations to create equally accessible workplaces…, A group of voters has sued the state and several municipalities, arguing that the state violated federal law by not providing an electronic alternative to paper ballots for people who are visually impaired. “Is it true that because it was built years before the ADA became law, I am ‘grandfathered’ in, and do not have to meet current accessibility requirements? Elizabeth Branch, on behalf of the majority, “I fear the majority opinion’s errors will have widespread consequences. The lawsuit alleges that blind patients do not receive critical communications in alternate formats – such as Braille, large print, or electronic documents – only standard print…, December 1, 2018   |  Source: SF Gate  |  Transportation, Airline, Mobility, Lawsuits/Litigation, A veterans group is turning to the courts for help in its efforts to make airplane bathrooms more accessible for travelers with disabilities. The case could set a precedent for cities and counties across the state coping with outdated buildings and new regulations. For me, it was just over five years ago, when I became a wheelchair-using paraplegic. NOTE: This page has third-party links that will open in a new tab. A man born with with no arms and one leg, a blind man, a male amputee, and a man with progressed Parkinson’s disease are plaintiffs in a federal case seeking class action certification against startup companies Bird, Lime, Razor, and the city of San Diego. Cheri Honeywell and her attorney, Jessica Kerr, of the Advocacy Group in Fort Lauderdale, filed lawsuits this month in federal court against the Glunz Ocean Beach Hotel and Resort in Key Colony Beach and Casa Morada in Islamorada…, January 15, 2019  |  Sources: Courthouse News Service  and  LF Legal  and  Seyfarth Shaw  and  Epstein Becker  and  Green  and  BBC  and  MetNews  and  Business Insurance  and  Fast Company  and  Blank Rome  and  Steptoe  and  Drinker Biddle  and  Reath   |  Digital Accessibility, ADA,  Lawsuits/Litigation,  Blindness/Visual Impairment, Food Service  |  Robles v. Dominos Pizza LLC  |  FLORIDA, Domino’s Pizza must make its website and mobile app accessible to blind people using screen-reading software, the Ninth Circuit ruled Tuesday. The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. “We have screen-reading software, and it doesn’t cost a lot of money to make a website accessible.”…, March 18, 2019   |  Source: CU Today & CUNA, The U.S. District Court for the Southern District of Ohio has dismissed a lawsuit against BMI Federal Credit Union that had alleged violations of the Americans with Disabilities Act (ADA). The Justice Department’s Civil Rights Division and U.S. Attorney’s Offices are committed to ensuring that children with disabilities and their families enjoy equal access to child-care programs, free from all forms of disability discrimination…, October 30, 2020   |  Source: Law Street Media, On Thursday in the Southern District of New York, Microsoft was sued in a putative class-action complaint by the plaintiff, “a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer,” who alleged that Microsoft failed to have an accessible website for its Xbox under the Americans with Disabilities Act (ADA). WWE reportedly settled the lawsuit for an undisclosed amount of money…, December 7, 2020   |  Source: The Regulatory Review, A federal judge for the Southern District of New York recently ruled that the city of New York violated the Americans with Disabilities Act (ADA) by failing to install audible devices at crosswalks. There remains a plethora of attorneys who make a living finding non-compliant facilities and bringing suit to have the facility brought into compliance—while, of course, seeking recovery of their attorneys’ fees. The ADA guarantees people with disabilities the same opportunities as everyone else to participate in the mainstream of American life. The suit alleges the casino’s website violates Title 3 of the Americans with Disabilities Act because it does not provide equal access to the visually impaired. The Portland Press Herald reports the Maine Human Rights Commission voted Monday that Uber discriminated against Patricia Sarchi because of her visual impairment. As a 59-year-old African American man, who is blind and has high blood pressure, Semien simply cannot take the risk. In a decision that a dissenting judge warned could have widespread consequences for visually impaired people, a split panel of the 11th Circuit ruled Wednesday that websites for businesses that are generally open to the public are not places of public accommodation under the Americans With Disabilities Act. A steadily growing mountain of legal complaints. As a result of the Government’s investigation, the healthcare provider promptly and cooperatively remedied ADA violations requiring accessible parking and medical equipment for individuals in wheelchairs…, February 20, 2019  |  Source: Credit Union Times, Having failed so far to convince the Justice Department to issue guidance that would ward off attorneys threatening to sue credit unions under the Americans With Disabilities Act, CUNA is now appealing to Attorney General William Barr, who was sworn in just last week. Blind individuals have browsers that read websites to them. I taught Accessibility Program Management strategies with Gian Wild at the ICT Accessibility Bootcamp (love teaching at bootcamps !) “We can’t get to work, doctor’s appointments, shopping or social and cultural events quickly and on demand like everyone else,” activist Monica Bartley said…, Retailers and other companies have been increasingly caught up in an explosion of boilerplate claims under the Americans with Disabilities Act (ADA), focusing on both websites and physical stores. The members sent a previous letter to the Department in 2018 urging it to help resolve regulatory uncertainty…, July 25, 2019   |  Source: Brown Goldstein Levy  |, Berkeley businesswoman Karen Rose, who is blind, was about to throw away what she thought was junk mail when a friend noticed that it was from the IRS. The court ordered the case closed on Monday…, March 11, 2019   | Source: Credit Union Journal, Representatives from the National Association of Federally-Insured Credit Unions and some credit unions met with the Department of Justice to discuss the ongoing legal battle over the Americans with Disabilities Act and its applicability to websites. “Our suit is simply asking the [Transportation Department] to do what Congress directed them to do,” said Karianne Jones, an attorney with the Democracy Forward Foundation, which is representing the veterans group…, November 29, 2019  |  Source: The Wrap  |  Digital Accessibility, ADA,  Lawsuits/Litigation, Blindness/Visual Impairment, Apparently, some people really do read Playboy for the articles. Court filings show both sides have agreed to ask the court to dismiss the case permanently. The nearly 9 percent rise in these lawsuits reflected an increase of 890 filings nationwide from 2018 to 2019, said Minh Vu, who heads Seyfarth’s Americans with Disabilities Act Title III Speciality Team said. Is it because these businesses are not making their facilities accessible to people with disabilities? For all of the accommodations that your local government enforces for the approximate 19 percent of the non-institutionalized citizens living with a disability or physical impairment, why should accessibility and inclusion stop when a citizen moves from interacting in the physical world to the digital world?…, March 14, 2019   | Source: Queens Chronicle, A federal judge ruled last week that the Metropolitan Transportation Authority discriminated against handicapped residents when it failed to include elevators among massive renovations that were made to a Bronx subway station over nine months from late 2013 to early 2014. The Defendant owns and operates a chain of restaurants. Website compliance is interpreted through adherence to the guidelines outlined in the following policies and regulations: Americans with Disabilities Act (ADA), General Data Protection Regulation (GDPR), and California Consumer Privacy Act (CCPA)…, Massachusetts Institute of Technology is seeking approval to pay $1,000,000+ in attorneys’ fees to settle a putative class action alleging MIT’s website was inaccessible to people with hearing difficulties. The agreement resolves findings by the Justice Department and HHS that DCF discriminated against parents with disabilities in the administration of its child welfare program in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. In the last two years, ADA compliance as it relates to online spaces has increasingly gained attention. “We lost our home and we lost our means of making money.” Nelson and her husband are in bankruptcy after a year of financial ruin. A hallmark of the ADA Voting Initiative is its collaboration with local officials to increase accessibility for disabled voters at polling places…, February 18, 2020   |  Source: ABC News & National Association of the Deaf & Law|Street, The Massachusetts Institute of Technology has agreed to provide captions for more of its publicly available online videos as part of a settlement announced Tuesday in a case that accused the school of discriminating against people who are deaf or hard of hearing. A man with autism is suing Disney for its disability access policy. The Summit County Council on Monday approved a resolution authorizing the county executive to advertise for bids for the project at the Summit County Parking Deck in downtown Akron for an estimated $85,000. You couldn’t do both things,” said Colleen Miller, director of the disAbility Law Center of Virginia. 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