Under Title III of the Americans with Disabilities Act, no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. Currently, courts are split on whether websites are places of public accommodation under Title III. There are two predominant methods to determining whether a website is a place of public accommodation: (1) the nexus test, under which websites are places of public accommodation only if a sufficient nexus exists between the website and a physical place; (2) websites are places of public accommodation regardless of a nexus to a physical place. The circuit split highlights the need for the Department of Justice (DOJ) to pass the Title III regulations for websites to provide direct guidance for businesses and courts. The DOJ was expected to release Title III regulations for websites in 2016, but have pushed back the expected release to 2018. Regardless of when, or if, the DOJ releases Title III regulations for websites, companies would benefit from using the many resources available to make their websites accessible as soon as possible
Equality in the Age of the Internet: Websites under Title III of the Americans with Disabilities Act,
13 J. Bus. & Tech. L.
Available at: https://digitalcommons.law.umaryland.edu/jbtl/vol13/iss1/5