ADA: Public AccommodationsTitle III of the ADA prohibits discrimination on the basis of disability in places of public accommodations and commercial facilities. Public accommodation is defined in 42 U.S.C. § 12181(7) and broadly includes a range of businesses, both for profit and not for profit, that are open to the public in some capacity, including:restaurants;schools;doctors’ offices;shopping centers;museums; andhotels.If a business is open to the public, it is most likely a public accommodation or commercial facility for purposes of the ADA. The number of ADA suits is rising at record levels—2018 is on track to have 30% more ADA suits than 2017.

The Third, Fifth, Sixth, Ninth, and Eleventh Circuits have concluded that places of public accommodation must be physical places, and that goods and services provided by a public accommodation must have a sufficient nexus to a physical place in order to be covered by the ADA. Under this interpretation, a website must have a connection to a physical location as defined under 42 U.S.C. section 12181. Websites that operate entirely online would be exempt from the ADA requirements.

Title III defines the term “public accommodation” by listing twelve specific categories of private businesses that are covered. 42 U.S.C. § 12181(7).The implementing regulations issued by the Department of Justice define the term “public accommodation” to mean “a facility, operated by a private entity, whose operations affect commerce and fall within at least one of the” categories specifically listed in § 12181(7). 28 C.F.R. § 36.104.Judge Ronald F. Frazier held that “to constitute a ‘place of public accommodation’ under Title III and its implementing regulations, a location must be (1) a facility that (2) falls within at least one of the twelve specifically enumerated categories.

Title III defines the term “public accommodation” by listing twelve specific categories of private businesses that are covered. 42 U.S.C. § 12181(7).The implementing regulations issued by the Department of Justice define the term “public accommodation” to mean “a facility, operated by a private entity, whose operations affect commerce and fall within at least one of the” categories specifically listed in § 12181(7). 28 C.F.R. § 36.104.Judge Ronald F. Frazier held that “to constitute a ‘place of public accommodation’ under Title III and its implementing regulations, a location must be (1) a facility that (2) falls within at least one of the twelve specifically enumerated categories.

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute.42 U.S.C. § 12181(7)(A)-(L).Commerce is defined as "travel, trade, traffic, commerce, transportation, or communication (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country."

not faced with an undue burden.This decision is particularly important for almost all businesses. Restaurants, grocery and retail stores, gyms, movie theaters, and hotels are all considered places of public accommodation under Title III of the ADA. This means that a company cannot discriminate against disabled individuals and use state law compliance as a shield against Title III ADA liability. For example, many states have laws that are only applicable to certain industries. If compliance with these laws requires discriminating against disabled individuals by refusing access to a public accommodation, Campbell makes it clear that providers of these public accommodations are still not excused from liability.1 Public accommodations are businesses, included nonprofits and private entities, which are open to the public and/or provide goods and services to the public. Examples include hotels, restaurants, theaters, stadiums, museums, stores, offices, private schools, and amusement parks. 42 U.S.C. § 12181(7).2 Neither party argued over whether prohibiting riders without two hands is “necessary” for safety reasons. According to the court, the district court may consider such a determination on remand.

Cal. Civ. Code § 51. Under the Unruh Act, there are two ways to demonstrate a violation: (1) by proving intentional discrimination, or (2) by proving a violation of Title III of the ADA. Title III of the ADA, of course, applies to places of public accommodation, which are explicitly defined by an exhaustive list of twelve categories of entities—none of which are websites. See 42 U.S.C. § 12181(7)(A–L).For years, plaintiffs with disabilities such as significant vision impairment have brought lawsuits in California against businesses, including online-only businesses, alleging that a website which is not compliant with an accessibility standard (such as the Web Contact Accessibility Guidelines (WCAG) Level 2.1, AA) violates Title III of the ADA and therefore also violates the Unruh Act. Despite a 2019 Ninth Circuit ruling (Robles v. Domino’s Pizza, LLC, 913 F.3d 898, 905–06 (9th Cir. 2019)) which clarified that a website must have a nexus to a brick-and-mortar location that is covered under Title III in order for the website to constitute a place of public accommodation, lawsuits in California had continued to proliferate.

Why a Law Firm’s Website Must Be Meaningfully Accessible to People with DisabilitiesTitle III of the ADA applies to places of public accommodations regardless of size. Under 42 U.S.C. §12181(7)(F), a lawyer’s office is specifically listed as a place of public accommodation. Also, the vast majority of lawyers practice from a physical space where people actually can go to that place to discuss matters with their lawyers.

As stated above, creating a similarly adequate dispute resolution policy is also advisable.There are other laws to consider in this context that some may overlook. For example, authorities like the United States Department of Justice enforces Title III of the Americans with Disabilities Act (“ADA”) (42 U.S.C. §§ 12181-12189) for businesses’ technology resources like mobile applications, websites, and loyalty portals. The same accessibility issues may apply to these new payments technologies, so related entities should ensure these resources are similarly compliant with these laws.Stakeholders and other interested parties in the gaming industry’s evolving payment landscape should work closely with legal advisors to ensure they remain compliant as the industry continues to pivot.

The best course of action for businesses at this point, in light of the continuing uncertainty, is to ensure that their websites comply with current WCAG standards and closely monitor this issue.No. 17-13467, 2021 WL 1289906 (11th Cir. April 7, 2021).Citing 42 U.S.C. § 12181(7).Id. at *12.Id. at *10.913 F.3d 898 (9th Cir.), cert. denied, 140 S. Ct. 122 (2019).