It has been a while since I blogged on the ADA with respect to amusement parks. On July 7, 2023, the 11th Circuit in a published decision came down with a case discussing the ADA with respect to amusement parks. Among the topics discussed are the screen out provisions and direct threat. The case
Title III
DOJ Weighs in on Laufer and says Laufer loses
Before getting started on the blog for the week, I wanted to let everyone know that the ABA Law Practice Today just published my article entitled AI and Persons with Disabilities: the Good and the Bad. It can be found here.
Last week, we discussed Acheson Hotels brief in the Laufer case. Also…
At the Supreme Court: Talevski and Laufer
Today’s blog entry deals with a couple of goings-on at the United States Supreme Court. The first is the Supreme Court decision in Health and Hospital Corporation of Marion County v. Talevski, here. In this case, the Supreme Court, in a 7-2 decision, held that violations of the federal law dealing with nursing home…
Kansas HB 2016
Recently, the governor of Kansas signed House Bill 2016 giving the Kansas Atty. Gen. all kinds of authority to jump in on lawsuits involving website accessibility, and possibly accessibility in general, if the defendant is a Kansas resident or a Kansas Corporation. I see all kinds of problems with this bill and thought it would…
Air Carrier Access Act Developments
Today’s blog entry discusses a letter From Representative Spaneberger (D-VA-07), and also signed by Representatives Cohen (D-TN-09), and Titus (D-NV-01), calling out DOT for its Air Carrier Access Act enforcement and demanding more information about their enforcement processes. We also mention a companion bill introduced by Senator Duckworth (D-IL) in partnership with Senator Fischer (R-NE),…
California Assembly Bill 950: One Idea for Dealing with Internet Accessibility Litigation
Before getting started on the blog entry of the week, I want to acknowledge a great loss for the disability rights community. Judy Heumann died two days ago. She was a pioneer in the disability rights movement. She also led the charge for the final Rehabilitation Act regulations, which took four years to finalize from…
Laufer Headed to Supreme Court: Tester Standing under Title III
Can a single person cause a split among the US Court of Appeals all by herself? The answer in the case of Debra Laufer is absolutely. Today’s blog entry explores the published decision, here, from the Fourth Circuit on February 15, 2023 holding that Laufer has standing to pursue her case against a hotel…
The Argument for Standalone Websites as a Place of Public Accommodation
Today’s blog entry is a case from the Eastern District of New York, Martinez v. Gutsy LLC, here, which makes the case for why standalone websites can be a place of public accommodation providing that site is functioning for one of the purposes laid out in 42 U.S.C. §12181(7).
Once again, a person…
You Can Still be Subject to Place of Public Accommodation Rules Even if You are Not a Place of Public Accommodation
Picture of Hockey helmet, puck, and stick (brown and black colors).
As readers know, I have long been interested in the intersection of the ADA and sports. Many of my blog entries cover that topic. The very first edition of Understanding the ADA back in 2000 had a whole chapter on it. The subsequent…
The Greatest Hits 2022 Edition
Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the…