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October 28th, 2024
Online Coffee Retailer Defeats Website Accessibility Claims in Federal Court
One of the largest areas of current legal exposure for companies arises from their own websites. That’s because over the past several years, plaintiffs have filed thousands of lawsuits alleging that company websites are inaccessible to consumers with visual or hearing impairments—in violation of the Americans with Disabilities Act (ADA) and related state laws.
But plaintiffs pursuing these claims recently suffered a major setback in New York federal court. In September, Chief Judge Swain of the Southern District of New York dismissed an ADA website claim against an online coffee retailer—holding that “a stand-alone website is not a place of public accommodation" and thus not subject to Title III of the ADA” See Mejia v. High Brew Coffee Inc., No. 1:22cv3667, 2024 WL 4350912 (S.D.N.Y. Sept. 30, 2024).
Title III of the ADA requires private sector businesses that serve as “places of accommodations” to remove “access barriers” that hinder a disabled person’s access to their goods and services. In these ADA website cases, the plaintiffs' theory is that: (1) commercial websites qualify as places of public accommodation; and (2) websites with access barriers (e.g., those that are not compatible with screen-reading software that vocalize visual information on a computer screen) deny plaintiffs’ right of equal access in violation of the ADA and corresponding state law.
Many companies have moved to dismiss these website accessibility claims—with varying degrees of success—on the grounds that standalone websites without a connection to “brick and mortar” locations are not “places of public accommodation” and need not comply with Title III of the ADA. Indeed, this is the law in the Third, Sixth, Seventh, Ninth, and Eleventh Circuit courts of appeals.
Because the Second Circuit Court of Appeals had not yet squarely addressed this question, the S.D.N.Y. has been a favored venue for serial plaintiffs bringing accessibility lawsuits. Judge Swain’s decision in High Brew Coffee may begin to stem that tide in federal court—at least with respect to internet-only businesses. However, these serial plaintiffs may simply choose to file in state court instead (indeed, we are already seeing that trend). Additionally, businesses with brick and mortar store are largely unaffected by the High Brew decision. Thus, it remains very important for businesses to speak with experienced counsel regarding website accessibility requirements and compliance.
If you have any questions about avoiding liability for website inaccessibility, or other litigation-related matters, please contact Caren Decter at (212) 705-4833 or cdecter@fkks.com. If you have questions about hospitality law issues, please contact any member of the Frankfurt Kurnit Hospitality Law Group. To read our other Hospitality Law legal alerts, see here.
Other Hospitality Law Alerts
Adapting to New “All-In” Price Laws: Essential Compliance Strategies for the Hospitality Sector
Recently, a new wave of “all-in” price laws has emerged, mandating transparent pricing practices to ensure consumers are fully aware of the total cost of goods and services upfront. For the hospitality sector, where fees and additional charges have long been commonplace, these developments signal a significant transformation. Navigating this new terrain requires keen attention to regulatory and statutory changes and a proactive approach to compliance. Here are some updates to keep in mind. Read more.
August 16 2024
Top Five Legal Considerations for Those New to The Restaurant Industry
Opening a restaurant can be an exciting venture, filled with the promise of creativity, community, and culinary delights. For investors, there is the allure of high returns and a tangible, enjoyable product. However, it’s also a business that operates under a complex web of legal regulations with potential pitfalls for restaurateurs and investors alike. To help those new to the industry, we have compiled a list of five key legal considerations to keep in mind when either opening or investing in a restaurant. Read more.
July 1 2024
Recipes for Success: Top Three Considerations for Chefs in the Entertainment Industry
Chefs are expanding their expertise beyond the kitchen to reach wider audiences and explore opportunities in the entertainment industry. As chefs seek to leverage their culinary skills and their personal brand in new ventures, such as television shows, cookbooks, and product lines, this transition comes with its own set of challenges. In this second installment of the Frankfurt Kurnit Hospitality Law Newsletter, we'll discuss the top three considerations chefs should keep in mind as they navigate their success in the spotlight and showcase their talents on a broader stage. Read more.
May 6 2024