Judgment for Blind Plaintiff in Website Disability Case
PR Newswire
A California Judge has granted summary judgment to a visually-impaired plaintiff who was unable to access the website of luggage retailer Colorado Bag'n & Baggage.
Plaintiff Edward Davis filed suit in 2015 (case #CIBDS1504682), claiming that he was unable to access the Colorado Bag'n & Baggage website because the content on the website was not accessible to blind individuals. Judge Brian F. Foster agreed and issued judgment in favor of Davis, ruling "Plaintiff presented sufficient evidence that he was denied full and equal enjoyment of the goods, services, privileges, and accommodations offered by Defendant because of his disability." The Judge also awarded Davis $4,000.00 in damages. The ruling, believed to be the first-ever summary judgment in favor of a visually-impaired Plaintiff claiming that a website violates the Americans with Disabilities Act, also entitles Davis to recover his attorneys' fees.
Davis' attorney, Victoria Knowles of the Newport Trial Group, lauded the decision: "We are very grateful that the Court agreed that corporate websites must be accessible to individuals with disabilities. This ruling will have implications far and wide." Added Newport Trial Group's Managing Partner David Reid: "We are fortunate that we continue to do well by doing good."
Florida man alleges property in Wayne violates ADA
The Pennsylvania Record
PHILADELPHIA — A Florida man has filed a class-action suit against the property owners of Eagle Village Shops in Wayne over claims the property is not wheelchair-compliant.
Owen Harty filed a lawsuit March 14 in U.S. District Court for the Eastern District of Pennsylvania against Village Associates, alleging violations of the Americans with Disabilities Act.
The suit alleges Eagle Village Shops contains architectural barriers that discriminate against Harty, who is paralyzed from the waist down and uses a wheelchair, and others.
Specifically, there is allegedly a lack of a compliant, accessible route connecting the disabled parking spaces with all the facilities of the property, with excessive slopes, non-compliant curb approaches, and ramps.
The suit alleges the property also lacks a sufficient number of compliant parking spaces and access aisles, and some signage is missing.
Harty seeks injunctive relief, attorney fees, litigation expenses, and other costs. He is represented by attorney John F. Ward of Thomas B. Bacon, P.A. in Royersford.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-CV-01190-BMS
ADA claims against St. Joseph County courts fail in 7th Circuit
Indiana Lawyer
The 7th Circuit Court of Appeals upheld summary judgment for the St. Joseph County court system in a case involving accessibility of the St. Joseph County Courthouse and the Mishawaka County Services Building. The court said many of the plaintiffs’ claims lack standing, while others failed to raise genuine disputes of material fact.
However, the lawsuit hasn’t been a total loss for the plaintiffs. It’s already brought several changes to the St. Joseph County Courthouse, including remodeling the restrooms to make them compliant with the Americans with Disabilities Act and several changes to state court policies.
Discrimination Against People With HIV Is Illegal. Here's What to Do If It Happens to You
TheBody.com
A body of federal, state and local laws, regulations and ordinances exist to protect people with HIV and AIDS from discrimination.
Sadly, despite all the progress that has occurred, we still need those tools to make sure people with HIV and AIDS are treated fairly at work, in school, while getting health care and in hundreds of other daily interactions.
We see it all the time at the AIDS Law Project of Pennsylvania. For 28 years, we have represented people with HIV and AIDS free of charge.
We have taken on doctors, health clubs, hospitals, bus companies, landlords, dentists, assisted living centers, barbers, rehabilitation centers and a host of government agencies and employers on behalf of clients who were wronged.
To illustrate the breadth of discrimination people with HIV and AIDS face, the AIDS Law Project recently did an analysis of 10 years of our cases involving public accommodations and employment. The survey revealed that health care is overwhelmingly the service most likely to be illegally denied to people with HIV and AIDS. Of all our public accommodations cases, 76% are health care denials.