Our team works with clients to understand the Americans with Disabilities Act and other law as it applies to websites, mobile apps and other technology platforms. We provide actionable advice to promote compliance, manage risk and provide a quality user experience for all.
What We Do
Our website-accessibility, mobile-accessibility and technology attorneys collaborate with clients to:
- Understand the requirements of the Americans with Disabilities Act (ADA), the Rehabilitation Act including Section 508, the Air Carriers Access Act, state laws such as California’s Unruh Act, as well court opinions applying the law in real cases.
- Respond to demand letters and litigation demands from plaintiff law firms such as Carlson Lynch and Lee Litigation Group, among many others.
- Defend clients in individual ADA litigation and threatened class action matters if a lawsuit is filed; strategize regarding pre-emptive and declaratory actions.
- Understand the role and relevance of guidelines such as the Web Content Accessibility Guidelines (WCAG) 2.0 and guidance statements and letters from the U.S. Department of Justice (DOJ).
- Direct external website accessibility consultants and internal information technology (IT) resources in any accessibility audit; Collaborate with IT and management in developing a plan, managing risk and fixing inaccessible elements of websites and mobile tools.
- Advise on appropriate accessibility testing, measurement, improvement and monitoring measures.
- Draft and design appropriate website accessibility policies, plans of action and board-level resolutions.
- Remember the Big Picture, to use technology to provide an outstanding user experience (UX) for all users.
32nd Annual E&L Law Seminar Takeaway:
ADA Website Accessibility and Public Accommodations Presentation
News & Articles
January 18, 2018
In a shift from previous tactics, blind plaintiff Juan Carlos Gil sued the underlying platform provider and website developer in his website accessibility/Americans with Disabilities Act (ADA) lawsuit, in addition to the specific business promoted by a particular website.
Chicago Tribune Reports: McDonald’s, Kmart and Grubhub Settle Mobile App and Website Accessibility Discrimination Lawsuits
November 10, 2017
For companies that take substantial steps to improve accessibility the defense of "mootness" is having some success.Read More
Class Action Plaintiff Targets Universities and Colleges for Website Accessibility Claims: Fordham and Three Others Sued in One Week
September 26, 2017
In addition to suing Fordham University, the College of Westchester, Iona College and the College of New Rochelle have also been named in class action lawsuits alleging that inaccessible websites violate the Americans with Disabilities Act and other laws.Read More
June 14, 2017
On June 13, Judge Robert Scola, Jr. released his verdict and Order following a non-jury trial: the defendant Winn-Dixie violated Title III of the Americans with Disabilities Act (ADA) as its website was not accessible to the plaintiff Joan Carlos Gil, a blind individual who uses the JAWS screen reader to access website content.Read More
May 24, 2017
In the case of Frazier v. AmeriServ Financial Bank, # 17cv0031, 2017 federal district judge Arthur J. Schwab ruled that Title III of the ADA, which prohibits discrimination on the basis of disability, applies to AmeriServ Bank’s website.Read More
12 Deaf Plaintiffs Sue Banner Health for Lack of ASL Interpreters and Lack of Auxiliary Communication Aids
March 20, 2017
Twelve deaf individuals filed a complaint in Federal District Court in Arizona on March 13 against Banner Health, which operates hospitals, surgery centers and urgent care centers in Arizona, Alaska, California, Colorado, Nebraska, Nevada and Wyoming.Read More
February 1, 2017
An established plaintiff disability law firm, Carlson Lynch, has sued HCA Holdings in federal court, alleging that websites operated by over 100 hospitals and health care facilities owned by HCA are not accessible to blind individuals and therefore violate Title III of the Americans with Disabilities Act.Read More
January 18, 2017
The sharp rise of website accessibility litigation and demands that impacted retail, fast-food, financial organizations, banks and education sectors in 2015 and 2016 has expanded to target the healthcare industry, including: hospitals, clinics, health insurance as well as related providers such as drug stores and optical stores.Read More
Financial Services Industry Targeted in Wave of Lawsuit Threats Over Websites Allegedly Inaccessible to the Visually Impaired
November 15, 2016
In a trend that began several years ago and has migrated through several industries, investment firms are among those being targeted by enterprising plaintiffs’ lawyers alleging that the firms’ website are inaccessible to blind or otherwise disabled users. The claim is that the firms are violating the Americans with Disabilities Act (ADA).Read More
November 4, 2016
The Wall Street Journal ran a major story on November 1, 2016, describing the growing trend of lawsuits brought by a handful of plaintiff law firms representing blind individuals against hundreds of website operators including well-known names such as Foot Locker, Toys ‘R’ Us, Brooks Brothers and the NBA.Read More