KD NEWS: J. Robert MacAneney and Jennifer Sherven of Kaufman Dolowich, LLP Represent the American Heart Association to a Successful Resolution Of ADA Lawsuit Involving Website Accessibility

On March 26, 2015, the National Association of the Deaf (“NAD”) issued a press release announcing that a federal lawsuit in New York was filed by a disabled medical student against the American Heart Association (“AHA”).  In this action, Ian DeAndrea-Lazarus, who is a deaf, first-year medical student at the University of Rochester School of Medicine and Dentistry, alleged that the AHA violated federal and state disability law by refusing to caption its online educational and training materials for health care providers who wish to obtain certification in basic life support and first aid.  The plaintiff instituted the action against the AHA in the United States District Court for the Western District of New York alleging that the AHA violated Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et. seq. (the “ADA”), § 504 of the Rehabilitation Act (“the Rehabilitation Act”), and the New York State Human Rights Law (the “NYSHRL”).

The AHA, represented by attorneys J. Robert MacAneney and Jennifer Sherven, successfully resolved this action and on February 26, 2016 both the AHA and the NAD announced that “[t]he AHA and NAD are collaborating to remove barriers to online content for people with disabilities.”  In a joint press release, NAD CEO Howard A. Rosenblum announced that “[t]he NAD recognizes the valuable work of the AHA and applauds their efforts to be fully inclusive.” The release further announced that “[t]he AHA is aligned with the NAD’s advocacy under the Americans with Disabilities Act and other laws that help ensure people with disabilities have access to the same content as everyone else.”

Kaufman Dolowich & Voluck, LLP is proud to have been able to assist in the successful resolution of this matter and the joint collaboration of these two esteemed non-profit organizations for the betterment and advancement of their respective memberships.