In the third-quarter months of July, August, and September, plaintiffs filed 461 new digital accessibility lawsuits. While the consumer discretionary sector faced the most, companies in nearly every industry faced litigation. Plaintiffs in California and New York filed the largest number of lawsuits, though defending companies were located across the country. Notable Cases Hernandez v American Airlines In July, Alex Hernandez filed a class-action digital accessibility lawsuit in California accusing American Airlines of violating the ADA by failing to… Continue Reading Digital Accessibility Lawsuits- Third Quarter 2021
Equidox Announces On-Premises Software Option
| Nina Overdorff
Equidox software now available on your secure, private server Equidox now offers an on-premise option for its fast, easy-to-use software. Your content never leaves your organization’s secure internal network, and you will always maintain complete control over its storage and backup. Equidox On-Prem Software is ideal for companies and government agencies whose strict security measures discourage or prohibit the procurement of SaaS or cloud-based software. And since this option does not use cloud-based storage, government agencies can procure Equidox without… Continue Reading Equidox Announces On-Premises Software Option
Robles v Domino’s lawsuit explained – 2021 update
| Tammy Albee
A 5-year mission In 2014, Guillermo Robles claimed that Domino’s website was inaccessible and violated the Americans with Disabilities Act. Robles, who is blind, was unable to order a pizza using the same features as a sighted person. This Domino’s lawsuit has been going on for five years. It’s been to California federal district court, the 9th Circuit Court of Appeals, the Supreme Court, and back to the California federal district court, where it has been ruled upon in a… Continue Reading Robles v Domino’s lawsuit explained – 2021 update
11th Circuit Court Dissent Won’t Prevent Accessibility Lawsuits
| Nina Overdorff
Is a website a public accommodation? Thirty years after lawmakers signed the Americans with Disabilities Act (ADA), courts have yet to come to a consensus on how or whether it applies to websites. The people who created the ADA in 1990 never have envisioned the integral role websites play in commerce and in everyday life. In 1990 the internet had barely been invented. With proper coding, assistive technology can easily access websites. But many websites fail to make that accessible… Continue Reading 11th Circuit Court Dissent Won’t Prevent Accessibility Lawsuits
How do ADA Title III and California’s Unruh Act affect your website?
| Nina Overdorff
If you have a website, California’s Unruh Act AND ADA Title III affect you. You could face lawsuits under both the Unruh Act and the ADA Title III if a California resident can’t access information on your website. California is second only to New York for ADA Title III lawsuits, comprising more than 25% of the 3550 cases in 2020. One contributing factor is the Unruh Act, which is a California state accessibility law prohibiting discrimination against state residents, imposes… Continue Reading How do ADA Title III and California’s Unruh Act affect your website?
Avoid Florida’s Deluge of ADA Title III Digital Lawsuits
| Nina Overdorff
Florida is third in the country for ADA Title III lawsuits, following only New York and California as part of the 3550 cases in 2020. The state is part of the US Court of Appeals for the 11th Circuit, which ruled in 2018 that websites with a nexus to physical places of public accommodations are subject to the same anti-discrimination laws. Florida state human rights laws also allow plaintiffs to recover up to $10,000 in damages by adding state-level claims… Continue Reading Avoid Florida’s Deluge of ADA Title III Digital Lawsuits
The End of a Rough Year: Q4 2020 Digital Accessibility Lawsuits
| Nina Overdorff
As COVID ebbs and flows through the end of a tumultuous 2020, reliance on the internet for everything from shopping to learning to entertainment increases exponentially. Second-quarter court shutdowns reduced the number of digital accessibility lawsuits in April, May, and part of June. However, the end of the year saw a rebound ending with a record-setting December. Much of that increase may have been due to the fact that while everything was shut down people turned to the internet. Even… Continue Reading The End of a Rough Year: Q4 2020 Digital Accessibility Lawsuits
Updated AODA Deadlines: What’s Changed and What Hasn’t
| Nina Overdorff
Ten years ago, Donna Jodhan filed a digital accessibility lawsuit against the federal government of Canada. She had been unable to independently apply for a job on its website using her assistive technology. Since her landmark victory in that case, Canada has been working towards increased accessibility in both physical and digital environments. Ontario has been particularly progressive in this regard, legislating the Accessibility for Ontarians with Disabilities Act (AODA). The AODA is a mandate to create and enforce accessibility… Continue Reading Updated AODA Deadlines: What’s Changed and What Hasn’t
Online Accessibility Act – Yea or Nay?
| Tammy Albee
Online Accessibility Act On October 2, 2020, Congressmen Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bill called the Online Accessibility Act. This legislation provides direction on website accessibility. It proposes the development of regulations, along with a new procedure for handling complaints about non-compliance. It aims to reduce the number of accessibility lawsuits that have been rising annually. While fewer lawsuits and clear regulations sound appealing, this legislation is not all good news for people with disabilities. How… Continue Reading Online Accessibility Act – Yea or Nay?
Equidox Accessibility Pulse: Third Quarter Accessibility Lawsuits
| Nina Overdorff
Third quarter accessibility lawsuits have been on the rise, despite the dramatic drop earlier this summer. At first glance, the Q2 decrease in digital accessibility lawsuits looked like a good indication that the transition from in-person to online was going well. Unfortunately, the decrease happened in April and May, when COVID closed many physical businesses- including courts and lawyers’ offices. In their haste to switch to a digital platform, many companies forgot to consider accessibility. Switching to an online format… Continue Reading Equidox Accessibility Pulse: Third Quarter Accessibility Lawsuits