Earlier this week, the U.S. Supreme Court agreed to hear a case in which the question presented is whether an Americans with Disabilities Act (ADA) “tester” has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacked any intention of visiting that place of public accommodation. … Continue Reading
Accessibility
This week’s podcast: Websites as “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA): a deep dive into the legal and regulatory issues facing businesses
By Barbara S. Mishkin on
Posted in Accessibility, Regulatory and Enforcement
After reviewing a brief history of the ADA and the U.S. Department of Justice’s (DOJ) interpretation that Title III’s public accommodation accessibility requirements apply to websites, we look at DOJ’s approach to enforcing the ADA during the Biden Administration. We also review recent ADA litigation trends, the 11th Circuit’s landmark Winn-Dixie decision and its likely impact on future ADA litigation, how businesses are approaching ADA compliance in the absence of clear DOJ guidance setting a technical accessibility standard, and the prospects for federal legislation that would create a safe harbor from litigation. … Continue Reading