However, that isn’t surprising because no commercial websites existed when the ADA was enacted in 1990. A website is not listed in any of the statutory categories.§12181(7) defines a place of public accommodation by listing 12 different categories of covered places and establishments and giving nonexclusive examples of the types of enterprise falling into each category. In order to establish a violation of the ADA, a plaintiff has to show: 1) he has a disability 2) the defendant is a private entity owning, leasing, or operating a place of public accommodation and 3) the plaintiff was denied public accommodations by the defendant because of the disability.§12182 provides that 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 by any person owning, leasing, or operating a place of public accommodation. Of course, the reader is free to focus on any or all of the categories. As usual, the blog entry is divided into categories and they are: court’s reasoning introductory matter court’s reasoning discussing the various views on Internet accessibility court’s reasoning adopting the nexus view and thoughts/takeaways. However, at the last minute the trial judge granted defendant’s motion for nonsuit and concluded that the website was not subject to the ADA as it was not a place of public accommodation. The matter went all the way up to the point where a jury trial was imminent. ![]() A violation of the ADA is an independent basis for liability under the Unruh Civil Rights Act. So, he sues under the Unruh Civil Rights Act alleging both intentional discrimination and a violation of the ADA. Of course, the credit union’s site was not accessible. The plaintiff is permanently blind and requires screen reading software to vocalize visual information on the computer screen that allows him to read website content and access the Internet. ![]() The difference with this case is that there is a focus on the California’s Civil Rights Act, what they call the Unruh Civil Rights Act. Today’s blog entry comes from the Fourth Appellate District of the State of California.
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