This week’s blog entry is a twofer. First, is there a notice requirement to state entities where the state has an antidiscrimination law and a person wants to sue under title III of the ADA? Second, a case discussing that the line between product accessibility and service accessibility is not always so clear. That particular
Fair Housing Act, Emotional Support Animals, and Service Dogs: Noncompliance Can Cost You Big Time
By William Goren on
I was giving serious consideration to blogging on Stragapede v. City of Evanston, Illinois. After all, it isn’t very far from where I grew up, and I have all kinds of family connections to Northwestern University. So, I spent a lot of time in Evanston, including attending many a Northwestern University athletic event. However,…
Department of Justice’s Amicus Brief in Magee v. Coca Cola Refreshments and Brief’s Impact on Title III Web Site Accessibility Litigation
By William Goren on
About a year ago, I discussed on my blog the case of MaGee v. Coca-Cola Refreshments USA, Inc., a published decision from the Fifth Circuit, holding that a vending machine was not a place of public accommodation and therefore, Coca-Cola’s machines did not have to comply with the ADA. The case was appealed to…
Medical Marijuana and the ADA: Interactive Process is Everything
By William Goren on
Last week the legal blog world lit up with the case of Barbuto v. Advantage Sales and Marketing, LLC, a decision of the Massachusetts Supreme Court on July 17, 2017. Both of my fellow panelists, Robin Shea and Jonathan Hyman, on our ADA and employment issues panel at the Federal Bar Association convention in…
Failure to Accommodate Employee Nuggets
By William Goren on
Obviously, I missed a blog entry last week. I have a good excuse. My daughter’s bat mitzvah was July 8. While the bat mitzvah and the reception and everything else went great (she did a great job!), the hangover was considerable. Once the hangover subsided, I had a client matter to attend to. However, I…
Countering Defenses to Website Accessibility Motion to Dismiss
By William Goren on
I know I promised that I would not have a blog this week. However, with the bat mitzvah a week from today, I am going out of my mind. Believe it or not, blogging relaxes me. Also, my wife and daughter are out shopping for the bat mitzvah leaving me alone with my miniature poodle.…
Architectural Accessibility Issues
By William Goren on
Next week is the week before my daughter’s bat mitzvah. Accordingly, I think I’m going to take that week off. This week’s blog entry comes to me courtesy of my friend Stephen Meyer, a certified Texas accessibility specialist (a certified person in Texas that assesses facilities for compliance with accessibility guidelines and regulations). The case,…
Website Accessibility Case Goes to Verdict and it is Not in Favor of Defendant
Many blog sites, such as this one which appears in my blogroll, are reporting on a website accessibility case that went to verdict and found in favor of the plaintiff. The case is Gill v. Winn-Dixie Stores, Inc., 2017 U.S. Dist. LEXIS 90204 (S.D. Fla. June 13, 2017). As is usual, the case is…
Just What is a Private Club?
By William Goren on
In looking back over my blog entries, all 274 of them to date, I have never really talked about the private club defense. I did allude to it here when I was talking about fraternities. Today’s case, Lobel v. Woodland Golf Club of Auburndale , squarely addresses that issue. As is usual, the blog entry…
Why Argue ADA at all in Gender Dysphoria Cases, When Title IX and the Equal Protection Clause are Available?
By William Goren on
The case of the week asks the question why a person with gender dysphoria, would bother going with the ADA if he or she could go with title IX of the Civil Rights Act or the equal protection clause of the 14th amendment instead. Recently, the Seventh Circuit Court of Appeals held here that…