Deborah Laufer sought to dismiss her appeal to the U.S. Supreme Court, but the court still heard oral arguments on her case. I previously wrote about her case here. Ms. Laufer is confined to a wheel chair. She has accessed websites of hotels and B&B’s for years to see if they satisfy the requirements
There are folks with disabilities who test websites to see if those websites are ADA compliant. I previously wrote about one tester, Deborah Laufer here. In Laufer v. Acheson Hotels, 50 F.4th 259 (2022), the First Circuit ruled that Ms. Laufer as a tester did have standing for her ADA lawsuit. Some of
There are folks with disabilities who test public accommodations like a hobby. They do this testing across the country, often from great distances. They justifiably want to see stores, hotels, banks and more satisfy the Americans with Disabilities Act requirement to make their places of business open to persons with disabilities. But, can a tester
The Americans with Disabilities Act requires all businesses and governments to make their facilities accessible to persons with disabilities. That includes deaf persons. What do hearing impaired persons need to access your facility? Well, they might need an American Sign Language interpreter. If a hearing impaired person requests an ASL interpreter, every business and every
The ADA Amendments Act was passed in 2009. Since then, courts have addressed more fundamental questions about disability claims, such as what are the essential functions of a job and how can they be accommodated? On one such case, Perez v. Sprint/United Management Co., 2013 WL 6970898, No. 12-CV-3161 (N.D. Ga 12/19/2013), the court
So, at least in the Fifth Circuit, sidewalks are now a "service" of the city such that the city must make sidewalks accessible to persons with disabiliuties. The Fifth Circuit so ruled in the case of Frame v. City of Arlington. The district court had dismssed the plaintffs’ suit because, said the court, the
A big man has sued White Castle hamburgers in New York because the booth was too small for him and he limped out of the restaurant. The lawsuit claims he smacked his knee into a metal post on one visit in 2009. He filed suit under the Americans with Disabilities Act. See MSNBC story. "I’m
Public facilities must be accessible to persons with disabilities regardless of age of the structure. But, if the structure dates to before 1990 and has not been substantially modified since 1990, then accessible features must be “readily achievable.” City sidewalks are a significant issue.
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