Three defendants were able to dismiss website access lawsuits early because they had already entered into consent decree or settlement agreements with previous plaintiffs which required them to make their websites conform to the WCAG 2.0 within a specified amount of time. That said, not all courts agree that a prior settlement — as opposed to a binding judgment or court order — can be the basis for a dismissal.
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That would be great for a referral. I am trying to fid one on my own, and am striking out on this. I’m somewhat confused though by the recently passed CA law (smaller businesses with < 25 employees can take advantage of the ADA CASP program to avoid being liable for any type of payment. That's how I'd interpreted this new regulation). The thing is he was in fact told to do this 4 + years ago (I know for a fact). My concern is maybe county zoning would have no record of this (it was in a citation)? Or, my LL would suddenly have amnesia. Thanks too.
I live in an Apartment complex in San Jose, CA that was built in 1979 with over 300 units. There are four ADA parking spots close to my Apt. but when I get sick due to the terminal disease I have and leave my car parked which is permitted with a sticker from the complex for residential vehicles and also have disability license plates. I get threating sticker’s on my car windows from the Maintenance manager that it will be towed due to parking longer than 72hrs all the time. I’m then instructed to go park in another parking lot 300 to 400+ yards away with no sidewalk from the parking lot and then many stairs before I can get back to my Apt. that has ADA spots 100ft away and my disability license plates are for mobility reasons. They are building a new Apt. Building and have public access for their leasing office. Can anyone tell me if a violation has been committed by treating me this way? BTW there is nothing in our lease that says we residents or visitors with passes have a minimum or max days cars can be parked. If this is a violation please contact me so we can get a case going.
In one case where the defendant, Bang & Olfusen, won its motion to dismiss, the court noted that the plaintiff had failed to plead a nexus between the physical place of public accommodation and the website in question. In the other case, the court dismissed the claims made against Domino’s because requiring the defendant to comply with a set of web accessibility guidelines that are not yet law would violate due process principles.  The Domino’s decision is on appeal and will be reviewed by the Ninth Circuit in 2018.  Our post about these cases is here.
Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
There are thousands of code jurisdictions in the United States that enforce some combination of state building codes. Some, but not all of these include accessibility requirements. Although many are based on a model code, there are major variations among the state codes. Design and construction in accordance with these codes will not constitute compliance with the ADA, unless the codes impose requirements equal to or greater than those of the ADA.
Defendant: HRB Digital LLC, one of the largest tax return preparers in the United States that offers a wide range of services online via website and mobile apps. Services include professional and do-it-yourself tax preparation, instructional videos, office location information, interactive live video conference and chat with tax pros, online and in-store services and electronic tax-return filing.
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