Kim’s Notes June 10

Posted by Kim Krause Berg cre8pc    Updated

“Courts across the nation are split on what it means for a website to be considered a place of public accommodation under the ADA. The Ninth Circuit, discussed above, finds that the ADA applies to websites if there is a “nexus” between the website and the company’s “physical space” open to the public.

For example, in Earll v. eBay Inc., the Ninth Circuit concluded that eBay is not subject to the ADA because its services are not connected to any “actual physical place.” Courts in the Third, Sixth, and Eleventh Circuits share this view. However, courts in the First, Second, and Seventh Circuits have adopted a more expansive definition of a “place of public accommodation” encompassing more than actual physical structures.”

INSIGHT: Covid-19 Causing a Surge in E-Commerce—Is Your Website Accessible?