Bailey Brauer labor, employment and ADA partner John Bosco provided expert insights on the increase in and impact of ADA Title III lawsuits in Texas in “Accessibility Lawsuits in Texas on the Rise” published February 28, 2020, by Texas Lawyer magazine.
As Mr. Bosco explains in the article, there has been a significant increase in Americans with Disabilities Act (ADA) accessibility lawsuits, agency enforcement actions and demand letters targeting public accommodations in Texas over the past few years.
“While California, New York and Florida have been the most popular states for claims alleging that individuals with disabilities encountered access barriers, these cases are becoming much more common against physical locations, websites and mobile apps with a presence in Texas.
“The accessibility lawsuits filed so far this year are impacting every sector of business throughout the state. The most recent accessibility claims in Texas are related to parking, transportation services, signage, restroom fixtures, path of travel, point of sale devices, counter heights, braille gift cards, policies, training, the provision of auxiliary aids and services. Any business with a website or mobile application is also at risk of being sued by customers and employees who claim that they have encountered digital accessibility barriers,” he wrote.
“To mitigate risk and reduce potential exposure, it is important to proactively identify and remediate potential violations. Implementing appropriate policies, procedures, training and updated compliance documentation is critical to prevent claims and most efficiently resolve allegations that are asserted.”
The full article can be found at TexasLawyer.com.