When Is A Website A “Public Accommodation”?

A recent settlement between the Department of Justice and a major distributor of MOOCs (“massive open online courses”) sheds some light on how the purview of the Americans with Disabilities Act is expanding into the digital world. A client alert from the Cooley law firm looks at DOJ’s settlement with edX, Inc. and the implications of that settlement, especially what it suggests about the reach of Title III, the part of the ADA that addresses special accessibility requirements for a public accommodation. The ADA’s applicability to virtual space is a live question for the courts, given the fact the law went into effect in 1990, which as this post notes was two years before the first websites appeared and no subsequent amendments have clarified it.  The federal courts have split on whether Title III can cover websites, but the writers conclude that in light of the edX settlement “online education providers and third parties that provide course delivery services would be well-advised to consider taking steps now to review their web-based content and services and ensure they meet minimum accessibility standards.”