Are “Wi-Fi Allergies” an Impairment Covered by the ADA?
The National Law Review
Some individuals believe that electromagnetic hypersensitivity can be caused by electromagnetic fields emitted from computers, mobile phones, cell phone towers, TVs, radios, Wi-Fi connections and other technology. Although several organizations have tested this theory over the years, there is a lack of scientific evidence to correlate electromagnetic fields to the non-specific electromagnetic hypersensitivity symptoms such as headache, dizziness, fatigue, nausea, and rash. In 2004, the World Health Organization noted scientific research has not been able to support a causal relationship between electromagnetic fields and self-reported electromagnetic hypersensitivity. However, as time passes and technology develops, this may not continue to be the case.
PRWeb
After a two-day trial the court ruled in favor of the plaintiff (Mr. Gil). The verdict and order is historic; it is the very first trial in a Federal Court to hold a full trial to test whether ADA governs website accessibility against a private company.
Does the Most Recent Web Accessibility Ruling Impact Your Business?
Lexology
The recent ruling in Juan Carlos Gil v. Winn-Dixie Stores, Inc., case no. 16-23020-civ-Scola (S.D. Fla. 2017) will require the attention of businesses across the country that host websites. To recap, this was a case of first impression. After a two-day nonjury trial, the Honorable Robert Scola determined that Winn Dixie’s website operates as a “gateway” to its physical store locations and therefore is required to be accessible to individuals with disabilities. Commentary to the court’s decision has focused mainly on two portions of the decision: (1) having an inaccessible website violates Title III of the ADA; and (2) a business is required to make its website accessible even though it is a fact that the Department of Justice (“DOJ”) has never promulgated enforceable regulations. Instead, DOJ has relied upon the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C) to shape this guidance, known as the Web Content Accessibility Guidelines (WCAG). While this opinion is the first of its kind, the ruling also addresses a third important issue, specifically ADA liability arising from third-party links featured on a website. We believe this third issue has not received the attention it has deserved.
Sharing economy may exclude many disabled consumers
Consumer Affairs
Hotels and commercial transportation companies are covered by the Americans with Disabilities Act (ADA) and have to make accommodation for consumers with physical limitations.
But Rutgers University researchers say it isn't clear whether that law covers sharing economy businesses like Uber, Lyft, and Airbnb. Because of that, they report people with disabilities may find themselves increasingly excluded.
To investigate, the research team made nearly 4,000 Airbnb lodging requests between June and November 2016. For a portion of the requests, they created profiles for potential lodgers who had four types of disabilities -- blindness, cerebral palsy, dwarfism, and spinal cord injury. Compared to travelers with no disabilities, the study showed hosts were less likely to pre-approve, and more likely to reject, requests from the disabled travelers.
AAA Refused to Pick Up Blind Woman Stranded with Service Dog
A legally blind Rhode Island woman said that she had to wait hours for AAA after they refused to pick her up with her guide dog -- before finally getting the roadside assistance organization to comply with federal disability law.
Aria Mia Loberti, a AAA member, posted the incident to Facebook on Monday, and urged people to contact AAA to advocate for people with service animals.
Upon hearing of the incident, department management began discussions this morning to redirect the employees involved in the incident and to effect retraining of all Emergency Road Service staff to ensure compliance with Title III of the Americans with Disabilities Act, as specifically detailed in our policy statement.”
Lawsuit: Hempfield Area staff illegally restrained, injured special ed student
The parents of a special needs student this week sued the Hempfield Area School District in federal court, alleging staff at Harrold Middle School injured their son last year by pinning him to the floor.
The student, identified in the lawsuit by his initials, C.T., has a pervasive developmental disorder and a speech and language impairment.
In cases where the plaintiff seeks monetary damages from the district, the district's insurer hires a law firm to represent them, said Hempfield Area School District solicitor Dennis Slyman, who declined to comment on the suit because he wasn't involved.
No attorneys or responses from the district have been listed yet in court records. The family is seeking unspecified compensatory and punitive damages from the district for alleged violations of C.T.'s rights, violation of the Americans with Disabilities Act, assault and battery, and intentional infliction of emotional distress.