I’ll be presenting a two hour live webinar titled “What Real Estate Lawyers Need to Know About the ADA, FHA, and CT Accessibility Laws” for the Connecticut Bar Association on April 4, 2023 at noon Eastern Time. If your clients buy, sell or manage shopping centers, commercial properties, multi-family housing, single family housing developments, or
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Hear all about it – Richard discusses ADA website litigation on the ADA Book podcast
Richard was interviewed this week by Kris Rivenburgh on his ADA Book YouTube channel and podcast, which is now streaming at https://www.youtube.com/watch?v=rMwsgy57kC4 and all your major podcast sources. The interview covers the latest legal developments as well as prospects for future regulation and litigation. Businesses concerned with ADA website compliance might want to check out…
When it comes to ADA tester standing in the Ninth Circuit, the truth no longer matters.
George Washington famously could not tell a lie – or so the story goes. Not all of us are so honest, and so in matters of litigation we have a method for deciding what is true – a trial. In Langer v. Kiser, 57 F.4th 1085 (9th Cir. 2023) the majority decided that the truth was…
Quick Hits – ADA and FHA cases of note
Janus, the two headed god that looked to the future and past and gave us the name for January, wouldn’t find much new in the world of disability law if he were contemplating 2023. Cases from the last few weeks look pretty much like cases from the end of 2021 and the end of 2020.…
ADA tester standing – what three cases in four days tell us.
In the space of three days in early December four different courts took very different approaches to standing allegations by serial ADA litigants. A comparison shows there is no certainty in how the law will be applied in ADA cases at the District Court level because neither the Constitution nor the pronouncements of the Supreme…
Quick Hits, Happy Holidays edition – ADA website litigation.
I’ve been busy in the last few months putting what I learn from reading new decisions about the ADA and FHA to use for my clients; hence this delayed blog. A number of interesting decisions concerning ADA website litigation came out while I was busy on my day job, and I hope you don’t mind…
ADA website litigation 2022
I’ll presenting an updated version of my past webinars on ADA website accessibility litigation for University of Texas Law School CLE. Learn the theory and sometimes ugly reality of how and why website owners are sued and how you can help yourself or your clients minimize the damage from such lawsuits. You can register at…
Quick Hits – fall color edition.
Fall mushrooms are beautiful, but also potentially poisonous, which is a real stretch for an analogy to the disability protection provisions of the ADA and FHA. Here’s a roundup of the latest decisions.
Website accessibility – let’s review
Roman v. Greenwich Village Dental Arts P.C., 2022 WL 4226026 (S.D.N.Y. Sept. 13, 2022) isn’t an extraordinary…
What Williams v Kincaid tells us about interpreting the ADA
Williams v Kincaid, 2022 WL 3364824 (4th Cir. August 16, 2022) is not the first case to consider gender dysphoria as a disability, and marks the second time the Fourth Circuit has considered the difference between gender identity and gender dysphoria.¹ However, as a circuit court opinion holding that gender dysphoria can be a disability covered by the…
FHA and ADA Quick Hits – afternoon showers edition
August is (in Texas at least) the month of afternoon thunderstorms. It’s a good metaphor for running a business subject to the ADA or FHA. Everything’s sunny and warm one minute then suddenly the wind is blowing and you are soaking wet. But the plants need the rain, so as usual there’s good and bad…