Jack McElaney, VP Sales and Marketing at Microassist and curator of Accessibility in the News, presents on the Legal and Accessibility Impacts of COVID-19.

1. Legal and Accessibility
Impacts of COVID-19
Jack McElaney
Curator of Accessibility in the
News

2. Legal Trends & 2020 Accessibility Activity
2

3. Accessibility in the News YTD
• Decrease in mainstream accessibility articles, national and international.
• Decrease in reported accessibility lawsuits (courts closed).
• Increase in COVID-19/accessibility related articles and blogs & decrease in blogs exclusively
related to accessibility.
• Increase in accessibility courses, webinars, and conferences online (DALS 2020) & decrease of
in-person conferences and training.
• Decrease in accessibility statement postings and website accessibility updates (updates to
website are COVID-19 related).
Source: Accessibility in the News
3
2020 Monthly AITN Totals
AITN Category January February March April May YTD Totals Monthly Average Weekly Average
National News 129 128 124 77 92 550 110 26
International News 85 81 64 54 58 342 68 16
COVID-19 Information 0 0 0 88 67 155 78 19
Accessibility Blogs & Information 110 98 103 89 95 495 99 24
Accessibility Training & Conferences 283 233 247 250 323 1,336 267 64
Accessibility Job Opportunities 89 88 99 123 144 543 109 26
Accessibility Announcements & Products 114 92 84 67 84 441 88 21
Accessibility Q&A & Tips 64 56 75 74 62 331 66 16
Accessibility Statements 40 40 40 40 40 200 40 10
Monthly Totals 914 816 836 862 965 4,393 879 209

4. A C C E S S I B I L I T Y C U S T O M E L E A R N I N G C L A S S R O O M
T R A I N I N G
A P P L I C A T I O N
D E V E L O P M E N T
COVID-19 Activity
Pre-COVID Post-COVID

5. Lawsuits in Federal Court- 2017-2019
ADA Title III Website Accessibility
Lawsuits in Federal Court:
• 2017: 814
• 2018: 2,258 (YOY 177% increase)
• 2019: 2,256 (YOY .09% decrease)
Source: Seyfarth Shaw
5

6. ADA Title III Website Accessibility Lawsuits in Federal
Court- First Quarter 2019 vs First Quarter 2020
The number of filings for QI 2019
• January 2019- 239
• February 2019- 211
• March 2019- 183
• Total First Quarter 2019- 633
The number of filings for QI 2020
• January 2020- 187
• February 2020- 174
• March 2020- 167
• Total First Quarter 2020- 528
Source: Seyfarth Shaw
6

7. 2020 ADA Settlement Activity
• City of San Clemente, CA- Settlement Agreement (5/8/20)
• Colorado Rush Soccer Club- Settlement Agreement (5/8/20)
• Save the Bay- Settlement Agreement (4/20/20)
• Legacy Tours- Settlement Agreement (4/20/20)
• Lackawanna County- Settlement Agreement (4/20/20)
• Walgreen Company- Settlement Agreement (3/27/20)
• Tufts Medical Center- Settlement Agreement (2/28/20)
• Mark Bissoon, Caroline County Commissioner of the
Revenue- Complaint (2/27/20)
• Kaiser Foundation Hospitals- Settlement Agreement
(2/21/20)
• Dr. Javier Rios- Settlement Agreement (2/20/20)
• Children's Choice Academy- Settlement Agreement
(2/12/20)
• 441 Post Road d/b/a The Circle- Settlement Agreement
(2/12/20)
Source: ADA.gov
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8. First Quarter 2020 Accessibility Activity
• The National Federation of the Blind and two blind individuals, settled a
lawsuit against Social Security Administration. The SSA will improve
nonvisual access to kiosks.
• A Massachusetts federal magistrate judge on March 27 granted
preliminary approval to an agreement between the National
Association of the Deaf and Massachusetts Institute of Technology that
would settle NAD’s class claims over website inaccessibility under the
Americans with Disabilities Act in exchange for the institute’s
commitment to proactively provide captioning for video and audio
content posted on its website.
UPDATE- Responding to an objection to the settlement of a class action
over the accessibility of the website of Massachusetts Institute of
Technology under the Americans with Disabilities Act, the school and
the National Association of the Deaf filed responses May 26, telling a
Massachusetts federal court that the objector misstates the
settlement’s provisions and fails to establish that it is unfair.
Source: Press Releases
8

9. First Quarter 2020 ADA Title III Activity
• There was an increase in mobile app related lawsuits, not only mobile
native apps, but also mobile web. Since mobile is an important device for
blind users, and used more often than desktops, there have been cases
claiming access issues when using a company's website with a mobile
web browser.
• There have been several lawsuits related to websites that have used
overlays or widgets. Two plaintiffs have filed complaints for declaratory
and injunctive relief against Upright Technologies and BYLT. In these
lawsuits there is direct reference to overlays causing accessibility issues
including screen shots of the questionable overlay widgets.
Source: Court Filings
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10. Second Quarter 2020 Accessibility Activity
• In the US District Court in Pennsylvania, plaintiff John Mahoney says is taking the
action to ensure that Flight Centre’s website is accessible to blind folk. Mahoney is
represented by law firm Glanzberg Tobia Law. Source: Pennsylvania Record
• Judge James V. Selna of the United States District Court, Central District of
California, granted a motion to declare pro se plaintiff Peter Strojnik, Sr. a vexatious
litigant, requiring him to obtain the permission of the Court before filing any future
accessibility lawsuits with the District Court. Federal courts by statute have the
discretion to enjoin vexatious litigants. Source: Jackson Lewis
• Five blind high school students and the National Federation of the Blind, have filed a
complaint against the College Board with the Department of Education Office of Civil
Rights (OCR) on behalf of themselves and all other blind and deafblind students
who are registered to take the May 2020 advanced placement (AP) tests from the
College Board. The complaint alleges that the College Board, which is primarily
administering the AP tests digitally because of the coronavirus pandemic, is refusing
to grant the students approved accommodations to which they are entitled. Source:
National Federation of the Blind
10

11. Second Quarter 2020 Disability Lawsuit Activity
• To get federal benefits for disabilities that prevent them from filling out
paperwork, they have to fill out paperwork. The lawsuit argues that the
Social Security Administration is placing people who are turning to it for help
at risk of “serious illness” and “death” by refusing, during a pandemic, to
accept electronic signatures from people who are blind and have other
disabilities that require them to get help to fill out paperwork. Source: The
Washington Post
• Blind Michigan Voters Win Groundbreaking Lawsuit- A Federal Court in
Detroit has approved a consent decree that orders the State of Michigan to
provide accessible absentee ballots to blind Michigan voters in all future
elections. Source: National Federation of the Blind
• McDonald's Beats ADA Class Action Over Drive-Thru Access- An Illinois
federal judge nixed a putative class action from a visually impaired customer
who claims her inability to access McDonald's during drive-thru-only hours is
a violation of the Americans with Disabilities Act, finding Tuesday that driving
itself is not a protected "major life activity" under the ADA. Source: Law360
11

12. Governor Cuomo’s Online ASL Provision For Briefings Deemed
Not A Reasonable Accommodation
• One day after a New York federal judge ordered New York Gov. Andrew
Cuomo to provide in-frame American Sign Language (ASL) interpretation
during his daily coronavirus briefings, she issued an opinion on May 12
explaining that in issuing the order, she granted a preliminary injunction
motion by a group of deaf state residents because the present online
provision of ASL interpretation does not sufficiently accommodate all
hearing-impaired individuals (Dennis Martinez, et al. v. Andrew Cuomo.)
• Judge Caproni held that “without in-frame ASL interpretation, Plaintiffs
are ‘as a practical matter, [unable] to access benefits to which they are
legally entitled.’” She took issue with Cuomo’s suggestion that the
plaintiffs are merely “choos[ing] not to take advantage of the various
means” provided, calling the statement “unfounded, conclusory, and
cavalier.” The judge stressed that a determination of reasonable
accommodation “must be made on a case by case basis.” She noted
that Cuomo did not argue that providing the requested in-frame ASL
interpretation would be burdensome.
Source: LexisNexis
12

13. Coalition of Disability Groups Demand Access to New York’s
Inaccessible Absentee Voting
• A coalition of disability organizations filed a lawsuit against the New York
State Board of Elections for excluding New Yorkers with disabilities as
their Absentee Voting program expanded in response to COVID-19. The
lawsuit charges the state agency with discrimination against voters who
are unable to independently and privately mark a paper ballot due to
print disabilities, including blindness and low vision, or physical
disabilities such as paralysis, dystonia, and tremors. All New Yorkers
deserve to vote safely and independently, especially during the COVID-
19 crisis.
Source: National Federation of the Blind
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14. US Government Agencies
Response to COVID-19
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15. U.S. Courts- Closings, Cancellations And Restrictions
• In response to public health guidance related to
COVID-19, many U.S. courts (state and federal)
and agencies adjusted the way they operate. Each
court made its own modifications under the
circumstances and have included, among other
things: closing courthouses, restricting courthouse
access, continuing trials, cancelling non-case
related activities, and rescheduling or permitting
videoconferencing of oral arguments.
• In 39 states and the District of Columbia, court
systems on a statewide basis directed or
encouraged judges to conduct hearings remotely
by phone or videoconference, according to the
National Center for State Courts. But jury trials
came to a halt.
Source: Paul Hastings
15

16. US Supreme Court holds first arguments by phone
• The Supreme Court made history May 4, 2020, hearing arguments
by telephone and allowing the world to listen in live, both for the
first time.
• The arguments were essentially a high-profile phone discussion
with the nine justices and two arguing lawyers. The session went
smoothly, notable for a high court that prizes tradition and only
reluctantly changes the way it operates.
• The high court had initially postponed arguments in 20 cases
scheduled for March and April because of the coronavirus
pandemic. Courtroom sessions were seen as unsafe, especially with
six justices aged 65 or older and at risk of getting seriously sick
from the virus. But the justices ultimately decided to hear 10 cases
by phone over six days this month.
Source: Associated Press
16

17. US DOJ Temporarily Halts The Issuance Of Right-To-Sue Notices
Amidst Covid-19 Pandemic
• The Department of Justice, as of March 16, 2020, temporarily suspended
issuing Right-to-Sue Notices to civil rights charging parties, unless a
charging party requests such a notice, amid the COVID-19 pandemic. The
DOJ’s suspension of the issuance of Right-to-Sue Notices prevents the
running of the deadline for charging parties to file claims of employment
discrimination in federal court.
• The DOJ recognizes that because of the COVID-19 pandemic, charging
parties may not be able to exercise and protect their rights during this 90-
day timeframe. Thus, beginning on March 16, 2020, the DOJ temporarily
suspended issuing all Right-to-Sue Notices without a request from a
charging party.
• Charging parties who wish to pursue their charges through litigation during
the COVID-19 pandemic may do so, and the DOJ will continue to issue such
notices upon request. The DOJ will maintain this procedure as long as
appropriate in light of the COVID-19 pandemic, and will publicly announce
when it resumes issuing all Right-to-Sue notices.
Source: ADA.gov
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18. US DOJ Protecting Civil Rights While Responding to COVID-19
• The Assistant Attorney General for Civil Rights issued the
statement, Protecting Civil Rights While Responding to the
Coronavirus Disease 2019 (COVID-19). The statement reiterates
that discrimination based on race, sex, religion, national origin,
disability, and other protected classes continues to be unlawful
during this public health emergency. The statement also provides
information on how to report civil rights violations and obtain
additional civil rights resources.
• As the global response to the COVID-19 pandemic continues, the
Department will remain vigilant in enforcing civil rights laws. We
must ensure that fear and prejudice do not limit access to housing,
schools, benefits, services, jobs, and information, among other
things, on account of race, sex, religion, national origin, disability,
or other protected classes. Further, access to accurate emergency
and health information is critical to providing all people with the
ability to make informed decisions and protect themselves, their
families, and the community at large.
Source: ADA.gov
18

19. The U.S. Department of Labor's OSHA has adopted revised
policies for enforcing OSHA's requirements regarding COVID-19
• OSHA is increasing in-person inspections at all types of workplaces. The
new enforcement guidance reflects changing circumstances in which many
non-critical businesses have begun to reopen in areas of lower community
spread. The risk of transmission is lower in specific categories of
workplaces, and personal protective equipment potentially needed for
inspections is more widely available. OSHA staff will continue to prioritize
COVID-19 inspections, and will utilize all enforcement tools as OSHA has
historically done.
• OSHA is revising its previous enforcement policy for recording cases of
coronavirus. Under OSHA's recordkeeping requirements, coronavirus is a
recordable illness, and employers are responsible for recording cases of
the coronavirus, if the case:
 Is confirmed as a coronavirus illness;
 Is work-related as defined by 29 CFR 1904.5; and
 Involves one or more of the general recording criteria in 29 CFR
1904.7, such as medical treatment beyond first aid or days away from
work.
Source: DOL- OSHA
19

20. US DOE Publishes New Resource on Accessibility and Distance
Learning Options
U.S. Secretary of Education Betsy DeVos announced the Department has released new
information clarifying that federal law should not be used to prevent schools from
offering distance learning opportunities to all students, including students with
disabilities.
• The Department recognizes that exceptional circumstances may affect how special
education and related services and supports are provided to students with
disabilities, and the Department will offer flexibility.
• School districts must provide a free and appropriate public education (FAPE) to
students with disabilities, and the provision of FAPE may include, as appropriate,
special education and related services that can be provided via computer, internet, or
phone.
• Although online learning must be accessible to students with disabilities, federal law
does not mandate the specific methodologies by which distance education must be
provided.
• In instances where technology is not accessible or where educational materials are
not available in an accessible format, educators may still meet their legal obligations
by providing equally effective alternate access to the curriculum or services provided
to other students.
Source: US Department of Education
20

21. US Senate Reacts to COVID-19
• Republican leaders including Vice President Mike Pence, Treasury
Secretary Steven Mnuchin and Senate Majority Leader Mitch
McConnell are set to discuss their priorities for another
coronavirus relief bill.
• House Minority Leader Kevin McCarthy said that the leaders will
be “looking at ways of where we can work together to move
forward on what we do need” in a legislative package. That
search would start with liability protections for doctors and
businesses.
• “Liability protections would be the No. 1 thing I would look at,”
McCarthy said. “No bill will pass without it.”
Source: CNBC
21

22. Industries Affected by COVID-19
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23. Accessibility In A Time of Crisis
• In its recent guidance to CIOs, Gartner noted, a critical
component of digital preparedness during a time of crisis,
especially one like COVID-19 that has radically shifted
how and where we purchase goods and services, is
accessibility. Prior to this crisis, most businesses aimed
their digital initiatives at a target audience — a specific
use case or market persona they wanted to attract and
retain.
• That certainly remains the case. However, the fact that we
can no longer obtain most goods or services through any
other means other than online changes the conversation
around availability, accessibility, and security. Given the
current climate, a large percentage of people who might
engage with a product or service will now do so online.
Source: Forbes
23

24. As COVID-19 Forces More to Work and Shop Online Businesses
Must Make Their Websites and Apps Accessible
• With the coronavirus shutting down most
physical business locations, more of us than ever
are working, shopping, and engaging in other
activities online.
• However, the pandemic has not stopped
plaintiff’s lawyers from filing lawsuits accusing
businesses’ websites and apps of violating the
ADA, because they are not accessible to disabled
individuals.
• These trends make it imperative for businesses
to focus on improving the accessibility of their
websites and apps. Source: Blank Rome
24

25. COVID-19 Crisis is Driving Digital Accessibility Awareness
• 83% reported that COVID-19 has raised the profile and
importance of digital channels within their organizations.
• 62% say it has increased awareness of the impact of
accessibility on digital channels.
• 90% expect the volume of their work to increase or stay the
same in the next three months.
• More than one-third of respondents have heard reports that
users with disabilities are having increased difficulty accessing
services during this time of crisis.
• When asked how employees with disabilities are able to work
remotely with digital platforms, 63% said they have some or
great difficulty.
Survey of 292 accessibility practitioners
was conducted by Deque Systems during
March and April of 2020 in cooperation
with IAAP and G3ict Research.
25

26. Due to COVID-19 Restaurant Traffic Has Moved Online
• Restaurants are working with delivery services
like DoorDash, GrubHub, & Uber Eats. Certain
restaurants are moving customers to order
delivery or pay with their mobile apps instead of
using cash.
• Navigating the ordering/delivery apps and
websites can create challenges for PWDs and
more than half of Americans living with a
disability say that their disability makes
navigating websites difficult. “As the COVID-19 pandemic keeps people home and some
cities, states, and countries limit restaurant operations, our
community of nearly 60,000 restaurants faces
unprecedented challenges,” OpenTable said.
Source: CNBC
26

27. Online & Mobile Banking Has Shifted Due to COVID-19
• Consumer's use of mobile and online banking
during the pandemic has increased due to limited
in-person visits to appointments or drive-thru
services, or closed branches.
• As of April 5th, 30% of consumers surveyed by J.D.
Power were using their mobile banking app more,
and 35% were using online banking more, than
they were pre-COVID-19.
• Moving business online and to mobile apps
excludes the ~6.5% of American households, or
~14.1 million people, who are “unbanked.” These
individuals, who don’t have checking or savings
account, are essentially banned from businesses
that don’t allow customers to use cash.
Sources: J.D Power & CNBC
27

28. COVID-19 Has Induced Telemedicine
• Nationally, telehealth visits, are projected to climb to one
billion by the end of 2020, according to Forrester Research.
• Wide use of telemedicine is so new that the American
Medical Association released a primer in March. Options can
include a phone call, email, text, video visit or even a video
email.
• Limitations include brief visits that focus on a single issue
and may not include questions that lead to other health
concerns as often happens during in-person visits.
• The increase in telehealth visits has been bolstered by
decisions to cover them by Medicare, Medicaid and many
private insurers, some of whom have even waived co-pays
and deductibles for some visits
• During the pandemic, hospitals may not allow interpreters
who can use pro-tactile sign language to accompany deaf-
blind patients—both for the interpreters’ safety and because
of limited protective gear.
Source: Washington Post
28

29. Wineries Turn to Online Sales
• According to research firm Nielsen, wine sales for the week ending
May 9 were up 267% year over year due to online sales.
• Shopping carts are brimming at wine retailers and on Drizly,
Doordash, Instacart and other mobile apps. Shoppers are also clicking
on or tapping their favorite wineries or they’re discovering new ones.
• “E-commerce was coming for the wine industry whether the wine
industry wanted it to or not. It just got expedited by COVID-19,” says
Justin Noland, in charge of digital strategy and e-commerce at Wente
Family Estates in California’s Livermore Valley.
• Wine Enthusiast’s catalog website is not accessible to individuals with
visual disabilities and does not comply with the federal American with
Disabilities Act, according to a complaint filed in February 2020.
Source: USA Today
29

30. Hotel Owners Need to Make Their Websites ADA-Compliant
• While the COVID-19 pandemic dramatically reduced the number of
guests staying at hotels, it has barely had any impact on the number
of lawsuits being filed in which a hotel’s website is accused of violating
the Americans with Disabilities Act (ADA). The majority of these cases
are brought by visually impaired individuals who are not able to access
certain content on the website because the site is not compatible with
the assistive device or technology the plaintiff uses to navigate and
obtain information from websites.
• In a smaller but growing number of cases, however, disabled plaintiffs
are also complaining that hotels are not providing adequate—and
required—information on their websites that enable visitors looking to
book a room to determine which guestrooms have what specific
accommodations they need and whether certain paths of travel within
the hotel—such as from the parking lot to the front desk, and from the
front desk to the guestrooms—are handicap accessible.
Source: Blank Rome
30

31. How COVID-19 Has Impacted Persons
With Disabilities (PWDs)
31

32. Global Digital Accessibility Challenges Remain
• Despite the strides that have been made in recent years, various
digital and other accessibility challenges remain all around the world
that are making it harder for many people – including those who are
blind, deaf or have other disabilities – to communicate with other
people and get the information and services that they need.
• Some of those challenges have become even more pronounced since
the start of the COVID-19 pandemic. COVID-19 has created an
opportunity and an entry point for us to have these conversations
because the government tells everybody to go online for services, but
mobile apps and websites are typically not accessible to people with
disabilities.
Source: Media & Entertainment Services Alliance
32

33. Unemployment claims at record levels, PWDs Impacted
• Under all state and federal unemployment
insurance programs combined, including the
federal Pandemic Unemployment Assistance
(PUA) for gig workers, a total of 29.2 million
people (not seasonally adjusted) are still
claiming unemployment insurance, the
Department of Labor reported today. This is
down from 29.5 million last week, and from 30.2
million the week before.
• PWD’s who faced exclusion in employment
before this crisis, are now more likely to lose
their job and will experience greater difficulties
in returning to work. Yet, only 28% of people
with significant disabilities have access to
benefits -- and only 1% in low-income countries.
Source: António Guterres- United Nations
33
The chart shows in blue the number of people
receiving unemployment benefits under state
programs, and in red the number of people
receiving federal benefits, mostly gig workers

34. PWD’s See More Negative Economic Impact From COVID-19
• A Global Disability Inclusion survey of over 500
participants reveals that people with disabilities
are being impacted by COVID-19 at a higher rate
than those without a disability.
• 51% of people with a disability have either lost
their jobs, been laid off or furloughed, or believe
they will lose their job in the next 90 days
compared to 28% of those without a disability.
• People with disabilities are more than 2x as likely
as those without disabilities to think they will need
to find a new job outside of their current industry
in the next few months.
Source: Global Disability Inclusion
34

35. Blind users struggle with state COVID-19 websites
• Every state in the U.S. has launched at least one website
with updates about the novel coronavirus outbreak.
Unfortunately, the majority are difficult or unusable for
visually impaired users, according to a survey conducted by
WebAIM.
• Forty-one of the 50 state pages we surveyed contained low-
contrast text, which can be challenging for users with low
vision, including seniors, who are at higher risk in the
outbreak.
• Navigation was another challenge for users with visual
disabilities. Thirty-one of the 50 state pages contained
empty links or buttons, which means a screen reader will
not be able to tell the user what the button does or where
the link is supposed to go. A screen reader is accessibility
software that enables translation of text and images on a
screen to speech or a Braille display.
Some common accessibility errors as described by a
screen reader.
Source: The Mark Up
35

36. State Unemployment Websites: 4 out of 5 Fail Mobile and
Accessibility Tests
• The Information Technology and Innovation
Foundation (ITIF) reports that one-third of
state unemployment websites are not
optimized for mobile platforms such as
smartphones and tablets, "which is a serious
problem since roughly 20% of Americans
access the internet at home only via a mobile
device.”
• In addition, many of these websites are not
designed to be accessible for people with
disabilities, although more than 8% of these
individuals are unemployed, and 57% have
internet access at home.”
Source: Tech Republic
36

37. Before coronavirus, workers with disabilities say they implored
employers to allow them to work from home
• The numbers of workers reporting that their employers
were offering remote-work or flex-time options rose
from 39% in mid-March to 57% in a Gallup poll
conducted March 30-April 2. The percentage of working
Americans who say they’ve worked from home due to
the coronavirus doubled from 31% to 62% over the
same period.
• As many businesses across the U.S. have cobbled
together work-from-home programs to comply with
COVID-19 social-distancing measures, some workers
with disabilities wonder why they were told for so long
that they couldn’t work remotely to accommodate their
disability — and now hope that this moment could be a
turning point that makes telework options more widely
available.
Source: Valoir
37

38. Teleworking for PWD’s
• The EEOC has identified telework as a form of reasonable accommodation, though
employers don’t have to provide specific accommodations under the Americans with
Disabilities Act if they will result in “undue hardship,” such as high cost. Through an
interactive process, the employer and employee are supposed to identify “essential
functions” fundamental to that job and determine whether some or all of those
duties can be done remotely, according to the EEOC.
• Workers with a disability, meanwhile, are more likely than those without a disability
to work in service jobs and transportation, production and material moving jobs,
according to the Bureau of Labor Statistics. They are less likely to work in
“management, professional and related occupations.”
• “They do tend to often be in positions where telecommuting is not possible,” said
Rachael Langston, a senior staff attorney for Legal Aid at Work in San Francisco.
Langston, who uses a mobility scooter and typically commutes into her office, began
working from home due to her asthma prior to her city’s stay-at-home order.
Source: MarketWatch
38

39. Inaccessible Coronavirus Information Excludes Deaf Community
• The absence of a sign language interpreter at key
televised coronavirus briefings resulted in legal
proceedings being brought against the office of
New York State Governor Andrew Cuomo, as well
as the U.K government. Both cases highlight
common misconceptions about how some people
with hearing loss absorb information but equally,
whose responsibility it is to provide it in an
accessible format.
• The limitations of merely offering closed captioning
subtitles are one such example. This issue has
previously been flagged concerning the lack of an
ASL (American Sign Language) interpreter at U.S.
President Donald Trump’s White House coronavirus
briefings.
Source: Forbes
39

40. COVID-19 and Deafblind
• “Most, if not all, deafblind persons still need a Deafblind interpreter to
help them to get all necessary instructions and information when they
do not have family support or where alternative communication
methods have failed,” the World Federation of the Deafblind urged this
month. “Therefore, it is vital that our unique disability is treated with
respect.”
• Roberta Cordano, the president of Gallaudet University, said, “Unlike
hurricanes or other natural disasters, COVID-19 has required physical
distance between people. But deaf-blind people rely on fixed physical
proximity to communicate with the world around them,” Cordano said.
“To be frank, there is no mechanism on a national scale to support the
deaf-blind in the current American health-care system.”
Source: The New Yorker
40

41. COVID-19 Related Litigation and
Implications
41

42. COVID-19 ADA Implications
“I would expect an uptick in the filing of ADA cases just as a result of the
huge disruption of workforces across the United States and the sheer
volume of people being terminated,” said Donald Schroeder, a partner at
Foley & Lardner LLP.
“When there is very little planning time involved and a quick ramp up
time, we’re very concerned that blind students are going to struggle," said
Chris Danielsen with the National Federation of the Blind.
42

43. As businesses reopen, prepare for a flood of COVID-19 lawsuits
• Legal experts say there is no existing playbook to combat
lawsuits that could result from businesses reopening amid the
coronavirus pandemic.
• Labor advocates worry that blanket immunity would create
disincentives for even law-abiding employers to protect their
workers — producing a race-to-the-bottom for workplace
standards.
• Small business owners are the most worried about legal
consequences and are stocking up on protective gear, like
masks, gloves and sanitizer.
• As of June 17, 2020, there were 2,818 COVID-19 related
complaints tracked on the Hunton Andrews Kurth COVID-19
Complaint Tracker website. Complaints filed- 512 civil rights,
680 insurance, 200 labor & employment and 163 education.
Source: CNBC
43

44. COVID-19 Pandemic Spawns Litany of Litigation
• Cities and towns are suing their governors for either not acting fast enough to issue a call for quarantine or for not
acting quickly enough to lift business restrictions so communities can try to get back to normal again.
• Two states, Missouri and Mississippi, are suing China for unleashing the viral scourge and failing to warn the global
population. Conversely, China’s National People’s Congress, one of its two communist legislative chambers, proposed
drafting a sovereign immunity law to allow Chinese people to sue the American state in courts, an act of revenge for
mounting litigation against China.
• Students are suing their universities for either remaining open too long, thus potentially exposing them to the COVID-
19 virus, or for closing promptly and refusing to quickly offer tuition and room-and-board refunds. Recently Harvard
student’s class complaint seeks refunds for online courses.
• Airlines and ticket brokers have been sued for canceling flights or events.
• Amusement parks, ski resorts and gyms have been sued for failure to refund customers on prepaid passes or
memberships. (Gold's Gym and 24 Hour Fitness filed for Chapter 11 protection and LA Fitness may be next.)
• There are lawsuits against nursing homes alleging the wrongful deaths of elderly residents. Other suits decry the
initial lack of protective gear for health care workers.
• Litigation has commenced against banks that first helped existing customers apply for federal loans ahead of others.
• Cruise lines have been sued, and so has Fox News after a host called the pandemic a "hoax."
• A strip club sued for the right to get federal pandemic recovery money.
• Target Corp. was sued for misleading claims about the germ-killing ability of its hand sanitizer.
• Albertsons price-gouged customers in the midst of pandemic, complaint alleges
Source: NOOZHAWK
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45. Texas tries a pandemic first: a jury trial by Zoom
• With jury trials on hold throughout the United States
because of the coronavirus pandemic, court officials in
Texas are trying something new: let jurors hear a case
through Zoom.
• Lawyers in an insurance dispute in Collin County District
Court on Monday picked a jury to hear the case by
videoconference, in what officials believe is the first virtual
jury trial to be held nationally amid the COVID-19 crisis.
• The moves come as courts face a growing backlog of
cases. In 2019, Texas held an average of 186 jury trials
per week, said David Slayton, the Texas Office of Court
Administration’s administrative director.
• Whether virtual trials will be successful remains to be
seen.
Source: Reuters
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46. The Future of ADA Title III Website
Accessibility
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47. COVID-19 Pushes Commerce Online, Making ADA Website Compliance
More Important Than Ever
• The COVID-19 pandemic has tilted the world of commerce decidedly—and perhaps
irrevocably—toward a model where the fundamental point of contact between consumer
and business is online.
• As a practical matter, these changes will translate into myriad new websites, novel digital
content, and an increase in online consumer traffic. Each new website, however, is a risk,
for each one represents a potential lawsuit. Specifically, every time a business creates a
new digital interface with consumers, there will be an active bar of litigants examining
that website for shortcomings.
• While the world is unfortunately uncertain whether there will be follow-on waves of
COVID-19, one thing that is certain is that there will be substantial waves of COVID-19-
based litigation in the United States. One such wave will almost certainly target the
multitude of new web-based service offerings necessitated by the pandemic. Given the
predictable risk of website accessibility litigation in this new world of increased online
commerce, businesses can and should work with their counsel to take appropriate
prophylactic measures.
Source: Ropes & Gray
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48. ADA Compliance Trouble: How Do You Reopen Stores during the Pandemic?
Source: CNBC|SurveyMonkey Q2 2020 Workforce Survey
• As restaurants, retail stores, and small businesses struggle to reopen, or continue
operations online, consistent with public health recommendations on social distancing
and protection of customers and workers. They will find their task complicated in
many ways by the requirements of the ADA and related state laws.
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49. Future Web Accessibility Litigation
• With courts, court filings, and proceedings
starting to open up, if past trends in accessibility
cases continue at the pace we have seen in the
last several years, then it is likely we will see a
spike in cases that will continue through 2020.
• As businesses and schools continue to move more
content online and to digital formats then it is
likely we will see more accessibility complaints
and lawsuits.
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