February 9, 2024 Update
LInk to full article — There was an important court order (and a big win for accessibility) from the Ninth Circuit Court of Appeals on February 8, 2024 in the case against LabCorp about check-in kiosks at their medical labs.
The case was filed by the American Council of the Blind (ACB) because the check-in kiosks were not accessible to blind patients.Lawyers representing the ACB are Matt Handley of Handley Farah & Anderson and Benjamin Sweet of Nye, Stirling, Hale, Miller & Sweet LLP
The court ruled that the case can proceed as a national class action for possible injunctive relief (fixing the problem) and as a California class action (for possible money damages to blind people in California who had experienced the inaccessible kiosks). LabCorp had appealed a lower court order arguing that the lawsuit should not be a class action.
Read the June 28 2022 Update below for more information about the lower court’s class certification order.
The case will now continue in the lower court to determine if there is in fact a legal violation and if so, what LabCorp must do to remedy the violation. The Ninth Circuit’s opinion saying this case can proceed as a class action for money damages in California means that LabCorp may have to pay a significant amount of money to blind California patients in addition to making the kiosks accessible.
The Ninth Circuit Opinion in this case is “unpublished” which means it is not binding on other federal courts in the Ninth Circuit like published opinions are. (The Ninth Circuit covers California, Hawaii, Alaska, Guam, Washington, Oregon, Idaho, Montana, Nevada and the Northern Mariana Islands.) Still, it can be cited in other cases, and should serve as a serious wakeup call to any kiosk providers who have not yet considered whether disabled people can use their kiosks.
Read the Ninth Circuit’s Unpublished Opinion in the LabCorp case. [Ignore the first page at this link. Opinion starts on page 2.]