ADA Title III / Accessibility & Civil Rights

Perez Morris litigates ADA Title III accessibility and civil rights claims in federal courts across the U.S, as well as before the Department of Justice and the offices of state attorneys general. We also regularly respond to charges filed with state administrative agencies. We have a solid command of the ADA’s Technical Assistance Guides, as well as the WCAG 2.0 standards to the extent they apply in each jurisdiction. We are national coordinating counsel for these types of matters for two leading national retailers, one of which is ranked as a Fortune top 25 organization. We know the plaintiffs’ bar well and, at least in terms of high-volume plaintiffs, can regularly anticipate a plaintiff’s next move to predict potential settlement demands very early in a case. We routinely work with facilities engineers, maintenance, and web-design teams to assess the merits of allegations raised and, if necessary, to develop feasible remediation plans.

We have significant experience defending Section 1981, Section 1983, and other civil rights public accommodation and discrimination claims in court and before administrative agencies. We understand the unique sensitivities these cases bring and work hand in hand with our clients and their public relations and crisis management teams to respond and to pursue a strong and united defense of claims as they arise.

The following are some representative matters we have handled:

Diaz v. The Kroger Co., 1:18-cv-07953, S.D.N.Y, ADA website case successfully dismissed based on personal jurisdiction and mootness grounds.

Figueroa v. Vitacost.com, Inc., 1:19-cv-03275, S.D.N.Y., ADA website case resolved following aggressive approach to investigating plaintiff’s background and notice of forensic inspection of plaintiff’s hard drive upon suspicion plaintiff had not actually personally accessed the Vitacost website and therefore, lacked standing.

Johnson v. The Kroger Co., 2:180cv-1240. S.D.OH, Race discrimination case arising from stop of a suspected shoplifter in store. Case resolved favorably immediately prior to trial.