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
Final Federal Regulations
Countering Defenses to Website Accessibility Motion to Dismiss
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
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…
Did You Know that an Exhaustion Requirement for Title II and §504 Exists? Me Neither…
I bet you didn’t know that in some circumstances title II and §504 may contain an exhaustion requirement. The reason I’m guessing you didn’t know is that until I saw this case, Sierra v. School Board of Broward County, 2017 U.S. Dist. LEXIS 62498 (S.D. Fla. April 20, 2017), it hadn’t occurred to me…
ADA Compliance as a Delegable Duty: Did I really Say That?
It isn’t one of my most popular blog entries, but in my opinion, it is one of my most important. I am referring to the blog entry talking about the ADA as a nondelegable duty, which can be found here216215. On April 24, 2017, the U.S. Court of Appeals for the Ninth Circuit came…
This is Outrageous! April Fools:-)
I
This is just outrageous!* People shouldn’t say these things, such as:**
- “I’m not going to change anything with respect to IEP’s. After all, appropriate progress means anything you want it to mean.”
- “Since I don’t want your money, I can do what I want.”
- “A cool website is more important than an accessible website.
…
Admissibility of settlement offers and their impact on the interactive process
Obviously, I missed a blog entry last week. I have an explanation. My daughter was on break, my wife took a couple of days off towards the end of the week, and client matters intervened. Also, last week, I added an article to my in the media section, where I can be found discussing in…
Endrew Oral Argument and Regulatory Developments
I just reviewed the transcript of the oral argument before the U.S. Supreme Court in Endrew v. Douglas County School District, which involves figuring out just how far a school district needs to go in order to provide a free appropriate public education (FAPE), under IDEA. Here is what we know from that oral…
Understanding The ADA 2016 Top 10 Blog Entries +2
It is time for the top 10 of 2016. For the most part, the greatest hits stayed the same during the course of the whole year. I believe I updated the greatest hits at the end of the first quarter of this year and then did not do so after that. There were only two…