Is Your Website a Place of Public Accommodation under the ADA? The Plaintiffs’ Bar Says “Yes,” the Circuits Are Split, and the DOJ Is Unlikely to Provide Guidance Any Time Soon

Is Your Website a Place of Public Accommodation under the ADA? The Plaintiffs’ Bar Says “Yes,” the Circuits Are Split, and the DOJ Is Unlikely to Provide Guidance Any Time Soon

Aug 09, 2017

Client Alert

Brownstein Client Alert, August 9, 2017

What do glasses retailer Warby Parker Retail, Inc., delivery service Grubhub, pizza company Domino’s and media streaming giant Netflix have in common, besides having significant online services? The answer is that they have all been recent targets of lawsuits based upon the Americans with Disabilities Act (“ADA”) for allegedly not having ADA-compliant websites. In recent months, the number of ADA lawsuits against companies based upon their websites has increased exponentially. Targets include everything from large publicly traded companies to boutique retailers and mom-and-pop shops. This issue is not new. However, due to the burgeoning use of the internet and related technologies, the responsibility of companies to accommodate disabled individuals using their websites has become a prevalent issue. Companies using the internet to conduct business are facing an increasing risk of lawsuits regarding website accessibility.

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