Seyfarth Synopsis: ADA Title III controversies continue unabated but there will be no new regulations.
We know we are cheating a little by doing 2026 predictions two months into the year, but better late than never, right?
On the litigation front, it's business as usual. Plaintiffs continue to send demand letters and file lawsuits about inaccessible websites and physical access barriers in federal and state court. The hot spots continue to be California, New York, and Florida, though we've seen more activity in other states than previously. In New York, we are seeing more cases being filed in state court, most likely because federal judges are scrutinizing the standing of serial plaintiffs and applying a rigorous standard. In California, federal courts weary of ADA Title III lawsuits continue to decline supplemental jurisdiction of state law claims that are necessary for plaintiffs to recover damages. This too has caused a shift to state court for some plaintiffs seeking statutory or other damages under the Unruh Act. The number of overall cases filed in federal court for January 2026 are in line with 2025 numbers so we do not expect a significant change in volume.
On the regulatory front, we predict no new regulations under Title III of the ADA, as Executive Order 14192 signed January 31, 2025 (Unleashing Prosperity Through Deregulation) requires federal agencies to repeal 10 existing regulations for every one new regulation, and specifies that "the total incremental cost...
"Here is a follow-up video capturing a classic moment from the Xi-Trump summit: While Xi Jinping was away using the restroom, Trump casually glanced through a small notebook Xi had left on the tab...