On March 28, 2019, Judge Preska granted Apple’s motion to dismiss in the matter Mendez v. Plaintiffs filing website accessibility cases in New York may have a new hurdle to face now. The surge in ADA website cases filed in New York in 2018 is likely due to the decision in Blick Art. New York became the venue of choice for most of those cases, with over 1,500 cases filed in New York Federal Courts in 2018. In 2018, at least 2,200 Title III website accessibility cases were filed in Federal Court, more than nearly tripling the over 800 cases filed in 2017. In 2017, Judge Weinstein in the Eastern District of New York denied the motion to dismiss in Blick Art, issuing a thirty-seven page opinion on why the plaintiff stated a valid claim under the Americans with Disabilities Act (ADA). Website Accessibility Cases in New York Prior To This Decision A decision from Judge Preska in the Southern District of New York may change the trajectory of website accommodation cases in New York.
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