Deep Dive Episode 66 – Americans with Disabilities Act Litigation Enters a New Frontier – Websites

Title III of the Americans with Disabilities Act requires public accommodations be accessible to the disabled community. Since its enactment in 1991, it has been understood that any store, restaurant, theater, hotel facility, school, or other building private entities own or lease and make available to the public meet certain requirements for disability access.

Plaintiffs attorneys have been aggressive in enforcing the ADA against all types of physical businesses for years.  And now we are seeing a new frontier of litigation – websites.  Banks, hotels, service providers, and retailers of all types are beginning to see lawsuits alleging their websites are not accessible to the disabled.

Karen Harned will provide the background on this new trend in ADA litigation, the current state of the law, and highlight a case the Supreme Court is being asked to take this next term on the issue.

Karen Harned

Executive Director

National Federation of Independent Business Small Business Legal Center


Regulatory Process

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at rtp@regproject.org.

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