‘Place of Public Accommodation’ Targets Internet, Philadelphia Bar Reporter
By Annie Kernicky (associate at Flaster/Greenberg, an associate editor of the Philadelphia Bar Reporter)
Under Title III of the Americans with Disabilities Act (ADA), no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities or accommodations at any place of public accommodation. Title III typically has been interpreted to apply to such brick-and-mortar places as restaurants, hotels, stores, schools and commercial facilities. However, the Internet and digital world have grown exponentially since the ADA was enacted in 1990, leading federal agencies, courts and lawyers to struggle with whether the virtual world of websites qualify as “place[s] of public accommodation.”
On Oct. 6, Philip R. Voluck, managing partner, and Katharine W. Fogarty, attorney, at Kaufman Dolowich & Voluck, presented to the Labor and Employment Law Committee on this timely issue of web accessibility under the ADA.