Case Updates

Places of Public Accommodations (Title III of ADA)

  • Federal courts: same patterns 
  • California state law:
    • Martinez v. Cot’N Wash: 2022 CA Ct of Appeals decision
    • Martin v. THI E-Commerce, LLC: Jan 2024 CA Ct of Appeals decision
      • Both held that Unruh Act, modeled on Title III, doesn’t extend to standalone websites

States/localities (Title II of ADA)

  • Service Oklahoma: January 2024 DOJ settlement agreement
  • City of Virginia Beach, VA: April 2024 DOJ settlement agreement
  • Texas counties voting websites: November 2023 DOJ letters of findings


  • University of Illinois Chicago: 2021 settlement agreement covering EIT, procurement, training  (2021)
  • University of California Berkeley: 2022 consent decree with DOJ covering free online content
  • Berkeley Unified School District: 2022 settlement agreement with blind student requires compliance with WCAG
  • CUNY: 2023 voluntary compliance agreement with DOJ—individual relief to blind student and system wide changes
  • Los Angeles Community College District (ongoing): trial win in May 2023, motion for judgment pending; appeal down the road


  • Orozco v. Garland: Feb 2023 victory in appellate court
    • Brought by blind FBI analyst with inaccessible workplace software
    • DC Circuit held that Section 508 has private right of action 
  • Look out for: Customer service technology and AI in workplace


  • SSA:
    • Complaint filed in 2017 concerning inaccessible check-in kiosks
    • Resolved through court-ordered settlement agreement in 2020
    • Installation of new kiosks finally completed at end of March 2024
  • Quest Diagnostics
    • 10/25/23: following bench trial, judge held Quest violated ADA by installing inaccessible self-service kiosks at its labs—ordered to add accessibility features 
  • Labcorp
    • 2/8/24: 9th Cir allows case to proceed as national class action for injunctive relief and CA class for damages
  • CVS
    • Class action filed in 2/23 regarding MinuteClinic/HealthHub kiosks
    • Resolved through structured negotiations earlier this month
    • CVS has a year and a half to replace inaccessible MinuteClinic check-in kiosks with accessible alternative (likely tablet) 


  • Panarra v. HTC: filed 2020 (W.D.N.Y.)
    • No captioning in VR content
    • April 2022: court denies motion to dismiss; rules web-only business covered under Title III of ADA
    • April 2023: case settles
  • NAD v. Sirius XM: filed 2021 (S.D.N.Y.) (against Sirius XM, Stitcher, and Pandora)
    • Failure to provide transcripts or captions for podcasts
    • Brought under Title III of ADA and NY and NYC human rights laws
    • Still pending


  • Lighthouse for the Blind v. ADP TotalSource (CA State Court)- filed Sept 2020; settled Oct 2021:
    • Class action against payroll processing and HR company
    • Used overlay for accessibility – didn’t work
    • Settlement requires accessibility fixes and prohibits use of overlays
  • SLAPP suits:
    • AudioEye v. Roselli: filed in 2023 in NY state court against digital accessibility expert who spoke out against AudioEye’s false claims that they could make inaccessible sites accessible through overlay
      • Settled January 2024 and case dismissed 

False Claims Act 

  • October 2023: Settlement in CA whistleblower case regarding inaccessible CA park reservation system
    • CA paid $66 million for park reservation websites—developer told CA system would be accessible
    • Developer paid $2.05 million and agreed to fix

Tester Standing

  • Laufer v. Acheson Hotels: Tester standing case
    • District court dismissed for lack of standing; 1st Cir reversed
  • December 2023: Supreme Court vacated and remanded case holding that because Laufer voluntarily dismissed, case was moot