Before getting started on our blog entry of the week, good luck to the Houston Astros and the Washington Nationals in the World Series starting tonight. Turning to the blog entry of the week, I really really struggled with what to blog on this week. It wasn’t for lack of cases in my pipeline, I
42 U.S.C. §12181
Are Plasma Centers Places of Public Accommodations?
Previously, we have discussed here and here whether a plasma center is a place of public accommodation under title III. That discussion shows there is already a split in the Circuit Courts on the issue. On August 30, 2019, the Third Circuit weighed in on this in Matheis v. CSL Plasma Inc., A published…
Medical Licensing Boards, Physician Health Programs, and the Lack of ADA Compliance: an Opportunity for Plaintiff Lawyers
Deaf Rights Game Changer Blowback: Silva Severely Narrowed by a Court Within Seventh Circuit
Hope everyone had a great Thanksgiving. As many of you know by now if you are following me on LinkedIn, my blog was selected for inclusion in the ABA web 100 for 2018. This makes five years in a row for me. Since podcasts and twitter are part of the calculus now, the blog…
What is a Service Establishment and the IRS 20 Factor Test
Before getting started on the blog of the week, would be hard to not mention what happened in Pittsburgh. At our synagogue over the weekend during family minyan, which is a small service that takes place before people go to community/Hebrew/religious school (I am never sure what to call it), we said mourners Kaddish and…
11th Circuit speaks on Website Accessibility and the ADA
My daughter started high school today! City Schools of Decatur always start school on August 1. They operate on a six weeks on and one week off system with two months for summer vacation. They also get two weeks for Christmas. It took some getting used to, but I like it, and the kids appreciate…
Uber and Title III of the ADA
Uber is back in the news with the filing of this case discussed in this article that came up in my Google alert. I have discussed Uber before as seen in this blog entry. I thought it would be interesting to highlight and discuss some of the features of the complaint and my thoughts.…
Movie Theater Accessibility
Things have been crazy around here lately. The latest thing I am dealing with apparent incompatibility between Dragon NaturallySpeaking and Microsoft Office 365. It makes things incredibly crazy (I can’t dictate in Word for long without having to click the dragon mike on and off and other office 365 products, such as outlook and excel,…
Marijuana dispensaries and Title III of the ADA

In my medical marijuana and the ADA blog entry, I discussed the Massachusetts Supreme Court opinion holding that medical marijuana use may be a reasonable accommodation for a person with disability. That blog entry leads to a corollary question: is a legal medical marijuana dispensary/place…
Department of Justice’s Amicus Brief in Magee v. Coca Cola Refreshments and Brief’s Impact on Title III Web Site Accessibility Litigation
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…

