A 2019 Review and Hot Trends for 2020

Here is a short article about ADA suits submitted in federal courts are increasing. This is not our initial short article we have included a link to the initial author at the end of this post.

Seyfarth synopsis: ADA Title III claims flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to think about..

We are still tallying up the end-of-year numbers, however the number of ADA Title III suits submitted in federal courts by the end of November 2019 (10,206) surpassed the variety of such suits submitted in all of 2018 (10,163). California courts continue to be the busiest with roughly 43% of the lawsuits, with New York and Florida courts taking third and 2nd place with 24% and 18% of the market share, respectively. With plaintiffs and their lawyers continuously summoning new claims, companies are not most likely to see any remedy for these kinds of suits in 2020.

What kinds of suits are trending now?

Historically the most prolific category for ease of access lawsuits, we have actually continued to see in the suit filing numbers and in our practice numerous claims about supposedly inaccessible physical public lodgings centers such as hotels, retail shops, dining establishments, and shopping centers in 2019.

Site and Mobile App Accessibility Lawsuits. We are still tallying the numbers, suits alleging unattainable websites and mobile apps accounted for at least a fifth of the overall number of ADA Title III suits filed in federal courts in 2019. A lot of complainants in these cases are blind and claim that the websites in question do not deal with their screen reader software application which reads website content aloud. A much smaller number of complainants are deaf and are suing about the absence of closed captioning for online videos.

Hotel Accessibility Information on Reservations Websites. A variety of complainants submitted claims versus hotels for allegedly stopping working to provide enough details about the availability of their accessible visitor rooms and common locations on their sites, as needed by the ADA Title III guidelines, to allow travelers with disabilities to make educated decisions about whether a hotel satisfies their requirements. In response to this flurry of lawsuits, many hotels have actually upgraded their websites to supply the needed information. Now some plaintiffs are submitting suits alleging that hotels are not making accessible spaces available for sale on websites operated by 3rd party online travel agencies.

A company in southern California has actually also leapt on the bandwagon, submitting Braille gift card lawsuits in California state court and sending out a number of pre-suit need letters. We are still tallying the numbers, claims declaring mobile apps and unattainable sites accounted for at least a fifth of the overall number of ADA Title III claims submitted in federal courts in 2019. Now some complainants are filing suits alleging that hotels are not making available rooms available for sale on sites operated by third party online travel firms.

Accessible Hotel Room Dispersion. Title III of the ADA needs hotels to provide available spaces in a series of different space types (e.g. spaces with two beds, superior views, suites) so that people with disabilities have room options that are equivalent to those used to people without impairments. One plaintiff in particular has filed more than a hundred suits under this theory, and we have no factor to believe she will drop in 2020.

Unattainable Facilities. Historically the most prolific category for accessibility lawsuits, we have actually continued to see in the claim filing numbers and in our practice lots of lawsuits about presumably inaccessible physical public lodgings facilities such as hotels, retailers, dining establishments, and shopping centers in 2019. We do not anticipate this to alter in 2020.

In 2019, Plaintiffs also made significant headway in encouraging California state courts that inaccessible websites violate the states non-discrimination statute, consisting of one appellate affirmation of a judgment in favor of blind plaintiff. In reality, one California Superior Court judge decided that the ADA applies to sites of companies with no physical place where customers go. In reaching this conclusion, this California judge declined federal Ninth Circuit precedent that the ADA only uses to websites of public accommodations with a nexus to a physical area.

We discovered this short article at https://www.adatitleiii.com/2020/01/ada-title-iii-litigation-a-2019-review-and-hot-trends-for-2020/ By: Seyfarth Shaw LLP and thought it would work to our customers.

One complainant in particular has actually filed more than a hundred claims under this theory, and we have no reason to think she will stop in 2020.

Complainants continue to submit these website and mobile app availability suits, though the rate at which they were being submitted appeared to slow down in the fourth quarter of 2020. The change may be attributable to the reality that some of the attorneys who were filing much of these website availability fits in New York have turned their attention to Braille gift card suits.

A company in southern California has actually also leapt on the bandwagon, submitting Braille present card claims in California state court and sending out a number of pre-suit need letters. A lot of defendants are digging in for a fight so we expect to see many movements to dismiss submitted in the first quarter of 2020.

The huge news from 2019 on the website accessibility front was the U.S. Supreme Courts rejection to hear Dominos appeal from a Ninth Circuit Court of Appeals decision allowing a blind plaintiff to pursue his claim against the pizza chain for having a presumably inaccessible site and mobile app. Services had hoped that the Supreme Court would hear the case and perhaps take some action to reduce the tsunami of website and mobile app suits.