Judges Reluctant to Dismiss ADA Lawsuits Over Webistes Despite Lack of DOJ Regulations

From Forbes - “This ruling will have implications far and wide.”

What You Need to Know

  • In the past year, an increasing number of companies have faced lawsuits from blind and deaf plaintiffs alleging their websites violate the Americans with Disabilities Act
  • On March 21, a California judge, for what is believed to be the first time in any court, granted summary judgment to a blind plaintiff who sued luggage retailer Colorado Bag’n Baggage over its website
  • Judges have not been receptive to the argument that companies don’t need to make their websites accessible until after the DOJ issues its regulations
    • Many judges are reluctant to dismiss website accessibility lawsuits early in the case

Preview

From Forbes

Amanda Robert

March 29 2016

While companies continue a years-long wait for guidance from the Department of Justice on how to make their websites compliant with federal disabilities law, judges aren’t hitting the pause button on a growing area of litigation.

In the past year, an increasing number of companies have faced lawsuits from blind and deaf plaintiffs alleging their websites violate the Americans with Disabilities Act. Plaintiffs lawyers in three jurisdictions – California, New York and Pennsylvania – have led the charge.

Complicating matters for defendants has been the delay of formal regulations first announced by the Department of Justice in 2010. Companies will have to wait until 2018 before they are issued.

Judges, though, aren’t waiting until then. On March 21, a California judge, for what is believed to be the first time in any court, granted summary judgment to a blind plaintiff who sued luggage retailer Colorado Bag’n Baggage over its website.

Go to Source

March 25, 2016 - Wall Street Journal
Court Orders Company to Make Website Accessible to the Blind

April 11, 2016 - Lexology.com
Winds of Change: Court Grants Summary Judgment for Plaintiff in Website Accessibility ADA Claim

April 21, 2016 - JDSupra.com
Why a Recent Ruling on Disability Access Serves as a Warning to All Businesses Operating Public Websites

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