Joshua A. Stein and Shira M. Blank, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, co-authored an article in Law360, titled “Expect More Web Accessibility Claims, Despite DOJ Guidance.” (Read the full version – subscription required.)

Following is an excerpt (see below to download the full version in PDF format):

With spring in full effect, one thing remains constant — and we don't mean high pollen counts.

Come rain or shine, serial plaintiffs asserting website accessibility claims under Title III of the Americans with Disabilities Act show no signs of slowing down.

The end of 2021 and start of 2022 have brought us a deluge of Title III updates about digital accessibility. First, the U.S. Department of Justice finally issued its long-awaited website accessibility guidance.

Unfortunately, instead of changing the legal landscape, or foretelling the coming of much-needed regulations, it merely focuses on reiterating previously made general statements of position and summarizing best practices.

Second, in the absence of concrete guidance or regulations from DOJ or action by Congress, we continue to see increased activity from courts, as certain jurisdictions are taking the initiative to stem the tide of litigation on their own.

While these developments have suddenly armed businesses with additional avenues to fight back against serial plaintiff's claims, it has also created splits among both circuit and district courts — particularly:

  • A split between the U.S. Courts of Appeal for the Second and Eleventh Circuits on standing requirements in Title III cases; and
  • A split between the U.S. District Courts for the Southern and Eastern Districts of New York on whether certain websites even qualify as places of public accommodation, or PPA, under Title III.


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