Joshua Bauchner and Karen Chen recently published an insightful piece in Law360 discussing the latest legal developments in website accessibility. Their article, titled Website Accessibility Ruling Leaves Circuit Split Unresolved, examines a recent decision from the U.S. District Court for the Southern District of New York that intensifies ongoing debates about whether websites qualify as “places of public accommodation” under the Americans with Disabilities Act (ADA). This decision, in the case of Jose Mejia v. High Brew Coffee Inc., ruled that stand-alone websites without a physical location connection are not subject to the ADA, sparking further discussion on an unresolved circuit split.
The Circuit Split on ADA Website Accessibility
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in places of public accommodation, such as hotels, restaurants, and museums. However, courts have diverged on whether stand-alone websites fall under this category. The Second Circuit, where the recent decision occurred, has historically supported a broader interpretation of ADA coverage, though it hasn’t definitively ruled on stand-alone websites. In contrast, the First and Seventh Circuits have ruled websites to be public accommodations, while the Third, Fifth, Sixth, and Ninth Circuits restrict ADA applicability to physical spaces.
Impact of the Mejia Ruling on Website Accessibility
Judge Laura Taylor Swain’s decision in Mejia emphasizes the necessity of a physical location for ADA applicability. As website accessibility lawsuits have surged—up 320% since 2013—courts are increasingly facing cases brought by serial filers often seeking quick settlements. This ruling may limit such cases but leaves key questions unresolved.
For instance, would the ADA apply to a website based on a plaintiff’s proximity to the defendant’s physical location? Or would websites of international companies be held to U.S. accessibility standards? These lingering questions underline the need for clear legislative guidance on how digital and physical spaces intersect under the ADA.
Moving Forward: An Urgent Need for Clarity
This recent ruling highlights the importance of legislative updates to the ADA, especially in our digital era. While businesses work towards accessible websites, the lack of legal clarity on ADA coverage presents ongoing challenges. Until Congress or the Supreme Court addresses these issues, the circuit split on ADA website accessibility will remain a significant legal hurdle for companies operating in the digital space.
Joshua S. Bauchner is a partner and Karen Chen is an associate at Mandelbaum Barrett PC.
You can read the full article here.