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9th U.S. Circuit Court of Appeals

Jul. 25, 2022

Landmark ruling may affect 500 ADA lawsuits in California

Russell C. Handy of Potter Handy and Center for Disability Access, who represented the losing plaintiff/appellant, said, “Although we will be filing a petition for rehearing en banc within 14 days, this is certainly a landmark decision.”

In an opinion both sides called a “landmark,” the 9th U.S. Circuit Court of Appeals affirmed Friday the dismissal of a complaint from a wheelchair-bound plaintiff, finding that the degree of specificity required for a hotel’s accessible features on its website is ambiguous under the Federal Reservations Rule.

The opinion favored Marriott Hotel Services Inc., represented by Philip H. Stillman of Miami Beach, Florida. “This is a landmark de...

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