Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape | ADA Title III

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Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape

By Seyfarth Shaw LLP on January 14, 2021
Posted in ADA Title III

By Minh N. Vu and Kristina Launey

Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits.  Here is our take on the types of cases public accommodations can expect to face.

2020 was, by all accounts, an unusual year.  The year began with some prolific plaintiffs’ attorneys turning their attention from website accessibility lawsuits to lawsuits claiming that the ADA requires gift cards containing Braille. That gambit has not worked out well for these plaintiffs’ lawyers at the district court level, and the issue is now on appeal to the Court of Appeals for the Second Circuit.

Then the COVID-19 pandemic hit, causing a significant drop in the number of lawsuits filed — stalling the year over year growth in the number of ADA Title III lawsuits filed in federal courts, which peaked in 2019 with 11,053 lawsuits.

The pandemic did result in some new types of ADA lawsuits, however.  For example, a handful of plaintiffs sued about having to wear masks [...]

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