Document Type

Notes & Comments


Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent on the interpretation of a “place of public accommodation.” District courts within the Minority Approach have consistently held that a website is a “place of public accommodation.” In contrast, the Ninth and Eleventh Circuits have held that a website is not a “place of public accommodation” and thus, not subject to Title III. Oddly enough, no court has held that a website is a “service,” “privilege,” or “advantage” of a “place of public accommodation.” This Comment urges courts to subject Title III to only websites “of” a “place of public accommodation.”



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