activities. Slide 49: Website Access Case law is still developing; not many cases specific to the hospitality industry Courts: Website with a nexus to a physical place of public accommodation must be made accessible because the website is a “service” ADA applies to the goods and services a place of public accommodation or the “of” services, programs, and activities a public entity, rather than only the goods and “of” services provided or a place of public accommodation or facility of a public “at” “in” entity. Hotels and restaurants must make websites accessible so that individuals with disabilities can have equal access to information hosted on websites such as hotel reservations, restaurant menus, directions, and more. 452 F. Supp. 2d 946, 953 (N.D. Cal. 2006) See of the Blind v. Target Corp., Nat’l Federation (finding in a website-access case that "[t]o limit the ADA to discrimination in the provision of services occurring on the premises of a public accommodation would contradict the plain language of the statute"); 294 F.3d 1279 (11th Cir. 2002) (finding Rendon v. Valleycrest Productions, Ltd., that discrimination did not have to occur on-site in order to violate the ADA). Slide 50: Website Access Other courts: Whether a website is a of public on if it forms a “place accommodation” depends with a brick-and-mortar business. “nexus” 227 F. Supp. 2d 1312 (S.D. Fla. 2002) Access Now v. Sw. Airlines, website was not subject to Title III of the ADA because it did not form a nexus Southwest’s with a place of public accommodation. Court emphasized that online ticket counters did not exist in any particular Southwest’s geographical location. 896 F.Supp.2d 196 (D. Mass. 2012) of the Deaf, et al. v. Netflix, Inc., But see Nat’l Ass’n Court held that Title III applied to Netflix, a business housed entirely online. Slide 51: Website Access Stay tuned… DOJ is expected to issue a Notice of Proposed Rulemaking this year. (“NPRM”) later DOJ has stated that the NPRM will the scope of the obligation to provide “propose accessibility when persons with disabilities access public websites, as well as propose the
activities. Slide 49: Website Access Case law is still developing; not many cases specific to the hospitality industry Courts: Website with a nexus to a physical place of public accommodation must be made accessible because the website is a “service” ADA applies to the goods and services “of” a place of public accommodation or the services, programs, and activities “of” a public entity, rather than only the goods and services provided “at” or “in” a place of public accommodation or facility of a public entity. Hotels and restaurants must make websites accessible so that individuals with disabilities can have equal access to information hosted on websites such as hotel reservations, restaurant menus, directions, and more. See Nat’l Federation of the Blind v. Target Corp., 452 F. Supp. 2d 946, 953 (N.D. Cal. 2006) (finding in a website-access case that "[t]o limit the ADA to discrimination in the provision of services occurring on the premises of a public accommodation would contradict the plain language of the statute"); Rendon v. Valleycrest Productions, Ltd., 294 F.3d 1279 (11th Cir. 2002) (finding that discrimination did not have to occur on-site in order to violate the ADA). Slide 50: Website Access Other courts: Whether a website is a “place of public accommodation” depends on if it forms a “nexus” with a brick-and-mortar business. Access Now v. Sw. Airlines, 227 F. Supp. 2d 1312 (S.D. Fla. 2002) Southwest’s website was not subject to Title III of the ADA because it did not form a nexus with a place of public accommodation. Court emphasized that Southwest’s online ticket counters did not exist in any particular geographical location. But see Nat’l Ass’n of the Deaf, et al. v. Netflix, Inc., 896 F.Supp.2d 196 (D. Mass. 2012) Court held that Title III applied to Netflix, a business housed entirely online. Slide 51: Website Access Stay tuned… DOJ is expected to issue a Notice of Proposed Rulemaking (“NPRM”) later this year. DOJ has stated that the NPRM will “propose the scope of the obligation to provide accessibility when persons with disabilities access public websites, as well as propose the
ADA-and-the-Hospitality-Industry-Text-of-Slides.docx