Understanding ADA Digital Accessibility Compliance Over three decades since the Americans with Disabilities Act became law, federal authorities are implementing landmark regulations to clarify its application in the digital sphere. This month, the U.S. Department of Justice is poised to finalize a pioneering rule delineating technical standards for the digital accessibility of websites and mobile […]

Understanding ADA Tester Standing in Lawsuits The U.S. Supreme Court recently discussed a case related to the Americans with Disabilities Act (ADA). It was about whether a person who checks a business’s website for ADA compliance without planning to visit the business (“a tester”) can legally challenge it if it lacks required disability accessibility information. […]

In general, the Americans With Disabilities Act (“ADA”) requires that businesses must accommodate those with disabilities when using their facilities and services. Over the past decade, federal and State courts have expanded the ADA accommodation rules to include websites (under many circumstances, but not all). That is, websites must be ADA-compliant by using “translation” software […]

Standing” is a legal concept that serves as a “gate-keeping” function in litigation. It allows only those with an interest in the case to be involved. So, for example, if there is a dispute between two NYC businesses, they will hire experienced NYC attorneys to file, defend, and prosecute the litigation. No one involved wants […]

For at least a decade or so, there has been a legal debate about whether websites must comply with the federal Americans with Disabilities Act (“ADA”) — 42 USC § 12101 — by being accessible to the blind and others with disabilities. The ADA generally requires that all “places of accommodation” be accessible to those […]

ADA Defense and Compliance for NYC Commercial Leasing The federal American With Disabilities Act (“ADA”) outlaws discrimination based on disability in “places of public accommodation.” See 42 USC § 12181, et seq. “Public accommodation” has a broad meaning and includes pretty much any commercial space. Suppose you are negotiating a commercial lease, among many other […]

ADA Title III actions against stores, restaurants, or other small businesses have declined over the past six months. Closures in businesses due to the pandemic have understandably resulted in fewer Americans with Disabilities Act cases.  ADA Title III cases are designed to address the accessibility (or lack thereof) of disabled persons in public spaces. On […]