Volume 108
Issue
'19

Websites, Apps, Accessibility, and Extraterritoriality Under Title III of the Americans with Disabilities Act

Written By: Samuel H. Ruddy

Abstract

The federal courts are currently split as to whether websites qualify as “places of public accommodation” under Title III of the Americans with Disabilities Act. Neither side of the split, however, offers a satisfactory interpretation of Title III, especially because both sides fail to consider the potential extraterritorial implications of applying Title III to websites. This Note proposes to head off the inevitable extraterritoriality issue, and resolves the Title III split by establishing a bright-line rule: data centers—not websites or apps—are places of public accommodation under Title III of the ADA.

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