ADA Public Accommodation and Accessibility Litigation & Counseling

We advise companies on the full spectrum of issues related to Americans with Disabilities Act (ADA) Title II and Title III, as well as state accessibility law compliance and public accommodations. We litigate across the United States, handling single plaintiff and class action cases under the ADA and state laws. Our practice covers issues ranging from compliance and barrier removal for brick-and-mortar establishments to emerging topics such as online, website, and technology accessibility. Clients in the retail, financial services, healthcare, hospitality, and transportation industries turn to us for counsel on plans to audit, remedy, and reduce the risk of litigation.

Partnering with experts on the accessibility regulations’ architectural design requirements, we streamline and improve the accessibility and public accommodations process for our clients. We efficiently evaluate compliance and help implement solutions consistent with our clients' business needs and litigation strategies. We also conduct training on barrier removal and compliance with accessibility and public accommodation standards under Title II and Title III, the Rehabilitation Act, and the Unruh Civil Rights Act and other state laws

Members of our team literally “wrote the book” on accessibility issues, having authored editions of Public Accommodations Under the Americans with Disabilities Act, Compliance and Litigation Manual, published by Thompson West.

Accessibility Litigation

Our experience litigating accessibility and public accommodation matters includes the following:

Prevailing in Earll v. eBay before the US Court of Appeals for the Ninth Circuit, which ruled that eBay.com, a website not connected to any physical place, is not a “place of public accommodation” subject to Title III accessibility requirements
Defending a nationwide retailer in a California case alleging an online job application process was inaccessible to the visually impaired and did not comply with web accessibility standards
Defending a bank in a nationwide class action relating to after-lobby access, vestibules, and other architectural barriers allegedly impeding access to ATMs
Reaching favorable settlements for retailers in class actions alleging that touchscreen point-of-sale devices for debit card purchases were inaccessible to blind customers
Defending a bank in a nationwide putative class action alleging violations of Title III in connection with wheelchair accessibility and parking spaces at bank branches
Defending class actions brought against vision providers involving claims related to accessibility to stores and medical equipment for mobility-impaired individuals
Defending against class certification and attempted expansion of class actions brought by disability advocacy groups and private plaintiffs
Representing companies against allegations of ADA accessibility violations by the US Department of Justice (DOJ), advocacy groups, and individuals
Negotiating national consent decrees with the DOJ
Negotiating favorable settlement stipulations for agreed-upon classes of retail locations
Presenting settlement terms and received court approval at fairness hearings; coordinating nationwide publication of settlement notices; and defending the terms of settlements over objections from disabled individuals and opposing advocacy groups

Compliance Counseling

Our experience consulting on accessibility compliance issues includes the following:

Advising financial services institutions and retailers on Title III accessibility issues in technology such as websites, new equipment, and ATMs, as well as brick-and-mortar issues
Analyzing leases and other contracts regarding allocation of remediation responsibility and indemnification obligations
Working with architects and compliance experts on design construction consistent with ADA accessibility guidelines
Conducting training on barrier removal and compliance with the ADA and state accessibility standards
Drafting auxiliary policies on accessibility services for the disabled community
Advising on digital accessibility requirements, screening devices, website access, and technology devices for retail operations
Implementing nationwide accessibility evaluations and remediation programs for several entities with national and international operations
Counseling on customer information display systems for communicating with the vision- or hearing-impaired
Assisting with training programs for government and private managers and employees interacting with the disabled community