I should begin by acknowledging that this is an editorial, not news. The news is simple – Title II entities must over the next few years bring their websites and mobile apps into conformance with WCAG 2.1 AA. The question
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ADA Title II website regulations – does anyone have a better idea?
There has been plenty of commentary about the new DOJ website accessibility regulations for Title II entities, which fall into the good news / bad news category typical of all regulations. The good news is they have adopted WCAG 2.1…
The Alice in Wonderland world of HUD’s definition of “handicap.”
Welcome to the Alice in Wonderland world of HUD reading the FHA. We can start with a quote from the novel by Lewis Carroll that sums up the problem:
“When I use a word,” Humpty Dumpty said, in rather a…
Starbucks again – Lactose intolerance, alternative milk and the ADA
Back in 2022 a plaintiffs’ firm filed a national class action in Florida against Starbucks claiming that it discriminated against those with lactose intolerance by charging extra from non-dairy milk alternatives. The case progressed in fits and starts, as most…
ADA and FHA Standing – good news, bad news and a twist
I don’t usually blog about my own cases because it requires that I put in a disclaimer.¹ However, a trio of district court decisions, including two in cases where I represent the defendant, justify another look at standing after Transunion…
Kiosks and the ADA – evaluating the risk after Davis v Lab Corp
Circuit court decisions on ADA cases are sparse when compared to the number of suits filed, and cases involving self-service kiosks are rare, so it isn’t surprising the Ninth Circuit’s decision in Davis et al v. Laboratory Corp. of America Holdings,…
Acheson Hotels – I had to say something
My Google News feed has had dozens, maybe hundreds of articles about the Supreme Court’s decision to dismiss the Laufer v Acheson Hotels case. When written by disability rights advocates the positions are what you’d expect; either “whew we dodged a…
FHA indemnity and contribution – another step in the right direction
On October 13, 2023, Magistrate Judge Peter Bray of the Southern District of Texas released a Memorandum and Order that analyzes the reasons for permitting an owner of multi-family properties to bring in every party that contributed to an FHA…
Acheson Hotels – tester standing at the crossroad 2.
In my last blog I looked at why testers became embedded in the enforcement of civil rights laws from a practical standpoint. Now it’s time to look at the law of standing as it relates to testers.¹
The Supreme Court…
Acheson Hotels: tester standing at the crossroads part 1.
Now that everyone (and I mean everyone¹ ) has weighed in on tester standing as presented to the Supreme Court in Acheson Hotels v Laufer I thought I might as well try to explain the issue for those who don’t…