Title III of the Americans With Disabilities Act (ADA) requires places of public accommodation to be accessible to individuals with disabilities. If a restaurant has tables and bathrooms open to the public, for example, they must have ones that are also accessible to the disabled, e.g., an individual in a wheelchair. Similarly, stadiums and theatres must have reserved, accessible seating. Historically, Title III cases generally involved only what businesses were required to do with their physical facilities open to the public. While the standards regarding these “brick and mortar” locations have remained fairly clear, what steps, if any, companies have to take to ensure that their websites and mobile applications are accessible is a gray issue.
AN IMPORTANT RULING
Courts have been struggling with this issue in recent years. Lawyers representing plaintiffs with disabilities and advocacy groups, as well as the Department of Justice, have been threatening, filing and participating in an increasing number of investigations and lawsuits brought under Title III and similar state laws against companies of all sizes whose websites allegedly are difficult to navigate for individuals with hearing, vision, and other impairments.
