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Access Now, Inc. v. Southwest Airlines, Co . 227 F.Supp. 2d 1312 (S.D.Fla.2002)

Access Now, Inc. v. Southwest Airlines, Co . 227 F.Supp. 2d 1312 (S.D.Fla.2002). FACTS: Blind individual states that he cannot access the SW airlines virtual ticket counter because it is not accessible to him (combatable with his AT).

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Access Now, Inc. v. Southwest Airlines, Co . 227 F.Supp. 2d 1312 (S.D.Fla.2002)

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  1. Access Now, Inc. v. Southwest Airlines, Co.227 F.Supp. 2d 1312 (S.D.Fla.2002) • FACTS: • Blind individual states that he cannot access the SW airlines virtual ticket counter because it is not accessible to him (combatable with his AT). • Sues under Title III alleging that the ADA requires the goods and services offered by SW on the website be accessible. • Title III prohibits discrimination by places of public accommodations—12 different categories, all physical spaces/places. • SW moves to dismiss because, it argues, a website (cyberspace) is not a physical space—i.e., a place of public accommodation and therefore not covered by Title III. LSJ/CHID 434 winter 2007

  2. Title III of the ADA • 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 who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. 12182 LSJ/CHID 434 Fall 2005

  3. ISSUE(s): • Was SW website a place of public accommodation • If so, does Title III require that the goods and services available at the virtual ticket counter be accessible to visually impaired? LSJ/CHID 434 Fall 2005

  4. HOLDING: • No. Plaintiff failed to establish a nexus between cyberspace and physical concrete place. • Moot since SW website not a place of public accommodation. LSJ/CHID 434 Fall 2005

  5. REASONING: • Court uses statutory interpretation—plain language to agree with SW that cyberspace is not a place of public accommodation as contemplated by ADA. • Court does cite earlier cases that support coverage when an adequate nexus can be found with a physical place. But, here the website does not impede access to a specific physical space—i.e., airplane or an actual ticket counter. LSJ/CHID 434 Fall 2005

  6. SIGNIFICANCE: • Split in the circuits re: whether Title III requires a physical, concrete place. • ADA drafters didn’t consciously consider application to cyberspace which by definition simply doesn’t have a location. • Issue really becomes—do ADA standards allow room for application to a new technology or reality? • Footnote #13 says it all! LSJ/CHID 434 Fall 2005

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