ADA Defense Lawyer
ADA Defense Attorney
Nehora Law Firm represents businesses that have been sued for violations of the Americans with Disabilities Act (ADA). ADA violation claims are often asserted against businesses such as hotels, residential complex owners and other businesses that are generally open to the public. By aggressively defending against ADA claims, we assist clients with claims and ADA lawsuits such as:
- Claims that a publicly accessible parking lot or building fail to comply with the ADA
- Claims that iOS or Android Apps are not ADA compliant and not properly accessible
- Claims that internet websites violate the ADA or are otherwise not accessible (e.g. the failure to include a website accessibility statement)
- Claims involving the failure to make “reasonable accommodations” as well as claims involving failing to timely respond to requests for reasonable accommodations
ADA claims and lawsuits often involve a general contracting components, such as where a building or its surrounding area do not comply with the ADA, often necessitating remediation with the aid of an ADA inspector and licensed general contractor. An inspector or a Certified Access Specialist (CASP) aids in detecting and investigating compliance issues, while general contractors and other construction related experts help by making the necessary repairs to bring a building or surrounding area into ADA compliance, for instance.
A recent trend in California, as well as other states, involves the widespread filing of ADA claims in District Court against businesses due to deficient or inaccessible websites and Mobile Apps. The California ADA lawsuits involving websites that violate the ADA are typically based on (i) Violations of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12181 et seq.) and (ii) Violations of the Unruh Civil Rights Act (California Civil Code Section 51 et seq.)
Examples of ADA website violation claims and ADA Mobile App Violation Claims include:
- A visually impaired person who requires screen-reading software to read a business’s website using his computer and a business’s failure to properly design and maintain its website to be fully accessible to a visually impaired person.
- The denial of equal access to a mobile application (mobile app) to visually impaired individuals as a result of a business’s failure to properly design and maintain its Mobile App to be fully accessible to a visually impaired person
Why Federal District Court?
In California, Federal or District Courts typically have jurisdiction over ADA claims based on 28 U.S.C. Section 1331, U.S.C. Section 128188 and Title III of the ADA.
What Standards Apply to ADA Website Violation Claims?
W3C published Web Content Accessibility Guidelines (Version 2.0) outlines guidelines for making a website accessible to those who are visually impaired. Additionally, Apple issued iOS accessibility-related guidelines which pertain to Apple’s iPhones. Apple’s guidelines help developers of mobile applications make their mobile apps accessible to visually impaired or blind individuals, among others.
Other Examples of ADA Website Violations Involve a Failure to Include:
- Resizing of text without the loss of functionality
- Ability to extend a time limit where the content enforces a time limit
- Web page titles that describe the purpose
- Ability to determine the purpose of a link from the link text
- Text for scripts
- Accessible and compliant forms
- Communicating information regarding content beyond visual presentation alone
- Text equivalent for non-text elements
- Title frames with text for navigation and identification
Our disability act defense lawyers can help you if you have been sued for violating the ADA. Contact an ADA defense attorney today.