Things have been crazy around here lately. The latest thing I am dealing with apparent incompatibility between Dragon NaturallySpeaking and Microsoft Office 365. It makes things incredibly crazy (I can’t dictate in Word for long without having to click the dragon mike on and off and other office 365 products, such as outlook and excel,
place of public accommodation
Marijuana dispensaries and Title III of the ADA
In my medical marijuana and the ADA blog entry, I discussed the Massachusetts Supreme Court opinion holding that medical marijuana use may be a reasonable accommodation for a person with disability. That blog entry leads to a corollary question: is a legal medical marijuana dispensary/place…
Department of Justice’s Amicus Brief in Magee v. Coca Cola Refreshments and Brief’s Impact on Title III Web Site Accessibility Litigation
About a year ago, I discussed on my blog the case of MaGee v. Coca-Cola Refreshments USA, Inc., a published decision from the Fifth Circuit, holding that a vending machine was not a place of public accommodation and therefore, Coca-Cola’s machines did not have to comply with the ADA. The case was appealed to…
Countering Defenses to Website Accessibility Motion to Dismiss
I know I promised that I would not have a blog this week. However, with the bat mitzvah a week from today, I am going out of my mind. Believe it or not, blogging relaxes me. Also, my wife and daughter are out shopping for the bat mitzvah leaving me alone with my miniature poodle.…
Website Accessibility Case Goes to Verdict and it is Not in Favor of Defendant
Many blog sites, such as this one which appears in my blogroll, are reporting on a website accessibility case that went to verdict and found in favor of the plaintiff. The case is Gill v. Winn-Dixie Stores, Inc., 2017 U.S. Dist. LEXIS 90204 (S.D. Fla. June 13, 2017). As is usual, the case is…
Defenses to Serial Website Litigation
My colleague, Richard Hunt, recently blogged on the issue of website accessibility here and here. I want to focus and provide another perspective on his blog entry discussing Robles v. Dominos Pizza LLC 2017 U.S. Dist. LEXIS 53133 (C.D. Cal. March 20, 2017), and Gomez v. Bang and Olufsen America, Inc., 2017 U.S.…
Let’s go to the movies
Hope everyone had a great Thanksgiving! Before moving onto the blog of the week, a housekeeping matter is in order. For the third year in a row, Understanding the ADA has been selected as one of the top 100 legal blogs by the American Bar Association. No way could I have done that without…
Just What Is a Sales Establishment Anyway per Title III of the ADA?
In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced…
Uber’s Settlement with the National Federation of the Blind
This week’s blog entry discusses Uber’s settlement with the National Federation of the Blind. The blog entry is divided into two categories: the terms of the settlement; and just how is Uber covered by the ADA and thoughts. The reader is free to focus on any or all of the categories, but since the blog…
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…