In a recent decision, Judge Taylor Swain of the Southern District of New York departed from other courts in the district in holding that internet-only businesses are not places of public accommodation under the American with Disabilities Act. In Jose Mejia v. High Brew Coffee Inc., 1:22-CV-03667, 2024 WL 4350912 (Sept. 30, 2024) the plaintiff, a legally blind individual, filed a class action lawsuit claiming that High Brew Coffee’s website violated the ADA and the New York City Human Rights Law (NYCHRL) because of various coding issues on the website, which impeded the functionality of the plaintiff’s screen-reading software. The court ultimately dismissed the complaint, holding that a website not connected to a physical location does not constitute a “place of public accommodation” under the ADA, joining a majority of Circuits which have addressed the issue. While the decision substantially limits potential liability of online-only businesses under the ADA, the Second Circuit has not directly addressed the question and other Courts within and without the Second Circuit have reached the opposite conclusion. We will keep you posted on these important developments.
The attorneys in Kane Kessler’s Labor & Employment Group are available to assist companies with a full range of labor and employment issues. Please contact Dana Susman, dsusman@kanekessler.com at 212 519-5136, or Jonathan Sabin, jsabin@kanekessler.com at 212 519-5113 for additional information.