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Kris discusses the monumental California Court of Appeals decision in the Martinez v. Cot’n Wash, Inc. case. The result is plaintiffs can no longer successfully sue online-only businesses in California state and federal court.
This is a big set back for serial plaintiffs' law firms who file website accessibility complaints in California state and federal court like Pacific Trial Attorneys and Wilshire Law Firm.
Now complaints brought under the California Unruh Civil Rights Act and Americans with Disabilities Act (ADA) for website (in) accessibility cannot be successfully litigated against online-only businesses because websites themselves have been ruled to not be places of public accommodation.
However, this doesn't mean that litigation can't continue against businesses where websites have a nexus to a physical location. Moreover, this doesn't mean that online-only businesses cannot be successfully sued in other state courts / circuit courts.
Source: https://www.adatitleiii.com/2022/08/websites-are-not-a-public-accommodation-under-the-ada-says-california-court-of-appeals/
Watch my video explaining the California Unruh Civil Rights Act: https://youtu.be/E2uR3FmFoMI
Kris designed the ADA Compliance Course (ACC) as instructions you can give your team to fix the most commonly claimed issues in ADA website lawsuits. The ACC is really an SOP for your web team. Your team can get started in minutes at https://ADACompliance.net/.
Watch Kris on YouTube @adabook:
https://youtube.com/@adabook
Connect with Kris directly on LinkedIn:
https://www.linkedin.com/company/adabook
The ADA Compliance Course is available at https://ADACompliance.net.
Kris offers accessibility services including WCAG 2.1 AA manual audits and remediation at https://accessible.org.
Kris also wrote the book on ADA compliance for digital assets. You can find out more about The ADA Book at https://ADABook.com.
Transcript:
https://adabook.com/california-plaintiffs-cant-win-website-accessibility-lawsuits-online-only/
By Kris RivenburghKris discusses the monumental California Court of Appeals decision in the Martinez v. Cot’n Wash, Inc. case. The result is plaintiffs can no longer successfully sue online-only businesses in California state and federal court.
This is a big set back for serial plaintiffs' law firms who file website accessibility complaints in California state and federal court like Pacific Trial Attorneys and Wilshire Law Firm.
Now complaints brought under the California Unruh Civil Rights Act and Americans with Disabilities Act (ADA) for website (in) accessibility cannot be successfully litigated against online-only businesses because websites themselves have been ruled to not be places of public accommodation.
However, this doesn't mean that litigation can't continue against businesses where websites have a nexus to a physical location. Moreover, this doesn't mean that online-only businesses cannot be successfully sued in other state courts / circuit courts.
Source: https://www.adatitleiii.com/2022/08/websites-are-not-a-public-accommodation-under-the-ada-says-california-court-of-appeals/
Watch my video explaining the California Unruh Civil Rights Act: https://youtu.be/E2uR3FmFoMI
Kris designed the ADA Compliance Course (ACC) as instructions you can give your team to fix the most commonly claimed issues in ADA website lawsuits. The ACC is really an SOP for your web team. Your team can get started in minutes at https://ADACompliance.net/.
Watch Kris on YouTube @adabook:
https://youtube.com/@adabook
Connect with Kris directly on LinkedIn:
https://www.linkedin.com/company/adabook
The ADA Compliance Course is available at https://ADACompliance.net.
Kris offers accessibility services including WCAG 2.1 AA manual audits and remediation at https://accessible.org.
Kris also wrote the book on ADA compliance for digital assets. You can find out more about The ADA Book at https://ADABook.com.
Transcript:
https://adabook.com/california-plaintiffs-cant-win-website-accessibility-lawsuits-online-only/