New York District Court Issues Important Opinion on the Inapplicability of Title III of the ADA to Consumer-Facing Websites
In Winegard v. Newsday LLC, U.S. District Judge Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s motion to dismiss.
The decision is a first of its kind by a New York federal court, and it goes against several district court decisions to the contrary.
Nevertheless, the court’s well-reasoned and meticulous analysis could be adopted by other judges in the Southern and Eastern Districts of New York, which have been hotbeds for abusive website accessibility shakedown lawsuits.
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“New York District Court Issues Important Opinion on the Inapplicability of Title III of the ADA to Consumer-Facing Websites,” by Martin S. Krezalek and Anthony A. Mingione was published in the November/December 2021 edition of The Computer & Internet Lawyer (Vol. 38, No. 10), a Wolters Kluwer publication. Reprinted with permission.
This article was first published as a Blank Rome ADA Title III Litigation & Compliance client advisory in August 2021.