Michelle M. McGeogh

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On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester” plaintiff has standing to sue a public accommodation under the Americans with Disabilities Act (“ADA”), despite having no intention of ever visiting the business. … Continue Reading

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester” plaintiff has standing to sue a public accommodation under the Americans with Disabilities Act (“ADA”), despite having no intention of ever visiting the business.… Continue Reading

On August 4, 2023, the U.S. Department of Justice (“DOJ”) released its highly anticipated proposed changes to the regulations implementing Title II of the Americans with Disabilities Act (“ADA”).  Title II prohibits state and local governments from discriminating against individuals with disabilities.  The regulations aim to increase accessibility of websites and mobile applications by clarifying how these public entities can meet their ADA obligations on a technical level. … Continue Reading

Earlier this week, the U.S. Supreme Court agreed to hear a case in which the question presented is whether an Americans with Disabilities Act (ADA) “tester” has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacked any intention of visiting that place of public accommodation. … Continue Reading

On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with Disabilities Act (“ADA”).  The decision reversed a 2017 federal district court opinion – in what may be the only website accessibility case to ever go to trial – that required the grocery store chain to make its website accessible to individuals with visual disabilities. … Continue Reading

A class action lawsuit filed in September 2020 against Nike alleging that its policy requiring retail employees to wear Nike-branded, opaque masks discriminated against deaf and hard of hearing consumers under Title III of the Americans with Disabilities Act (“ADA”) deserves attention from retail banks and non-bank financial services companies with brick-and-mortar facilities open to the public. … Continue Reading