ARTICLE
23 June 2021

Websites As "Places Of Public Accommodation" Under Title III Of The Americans With Disabilities Act (ADA): A Deep Dive Into The Legal And Regulatory Issues Facing Businesses

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Ballard Spahr LLP

Contributor

Ballard Spahr LLP—an Am Law 100 law firm with more than 750 lawyers in 18 U.S. offices—serves clients across industries in litigation, transactions, and regulatory compliance. A strategic legal partner to clients, Ballard goes beyond to deliver actionable, forward-thinking counsel and advocacy powered by deep industry experience and an understanding of each client’s specific business goals. Our culture is defined by an entrepreneurial spirit, collaborative environment, and top-down focus on service, efficiency, and results.
We also share our thoughts on best practices businesses can implement to avoid ADA liability.
United States Finance and Banking

After reviewing a brief history of the ADA and the U.S. Department of Justice's (DOJ) interpretation that Title III's public accommodation accessibility requirements apply to websites, we look at DOJ's approach to enforcing the ADA during the Biden Administration.  We also review recent ADA litigation trends, the 11th Circuit's landmark Winn-Dixie decision and its likely impact on future ADA litigation, how businesses are approaching ADA compliance in the absence of clear DOJ guidance setting a technical accessibility standard, and the prospects for federal legislation that would create a safe harbor from litigation.  We also share our thoughts on best practices businesses can implement to avoid ADA liability.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation, joined by Lori Sommerfield, Of Counsel in the firm's Consumer Financial Services Group, and Michelle McGeogh, a partner in the firm's Real Estate and Construction Litigation Group.  Both Lori and Michelle are members of Ballard Spahr's Accessibility Team.

Click here to listen to the podcast.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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