The Morgan Lewis ADA Title II, III & State Accessibility Law practice issued a LawFlash earlier this week regarding the applicability of Title III of the Americans with Disabilities Act (Title III) to websites.
In the recent Earll v. eBay decision, the influential Ninth Circuit held that a website business not connected to a physical place is not a “place of public accommodation” for purposes of the ADA. However, as noted in the LawFlash, there has been a split in lower federal courts with regard to this issue, and the Department of Justice (DOJ) continues to take the position that Title III applies to web-based goods and services.