Today’s blog entry goes back to the issue of whether an Internet only business website is subject to title III of the ADA. As we have discussed previously, such as here, there are several theoretical possibilities for handling such a claim, and they are: Internet is never a place of public accommodation; Internet is
Magee v. Coca-Cola refreshments USA
Kiosk Inaccessibility With a Twist
Previously, I have blogged on the inaccessibility of kiosks. Both of those blog entries, here and here, discussed whether the kiosk was a place of public accommodation. The case of the day, Vargas v. Quest Diagnostics Clinical Laboratories, here, is a bit different. In this case, you have a place that operates to…
Gateway is Everything in California
Before getting started on our blog entry for the week, a couple of housekeeping matters are in order. First, my daughter is off to college a week from Friday. Things are very exciting and terrifying here at the same time. Accordingly, next week is going to be crazy and the week after that even more…
Never Line of Cases for Internet Accessibility Makes a Come back
Today’s blog entry is something I came across by way of my subscription to the Wait A Second blog, which focuses on all things in the Second Circuit and can be found in my blogroll. The case of the day is Winegard v. Newsday LLC decided by United States District Court of the Eastern District…
To Boldly Go Where No One Has Before: The 11th Circuit’s Opinion in Gil v. Winn-Dixie
Before getting started on the blog entry of the week, I want to congratulate the Stanford Cardinal and the Baylor Bears for winning the women’s and men’s NCAA Division I basketball titles.
It is interesting how my decision on to what to blog on works from week to week. Sometimes I have a…
Standing and What Does a Gateway Mean?
Today’s blog entry deals with two different cases and both of them deal with standing. The first case, Smith v. Golden China of Redwing, Inc., decided by the Eighth Circuit on February 17, 2021, which can be found here185186201204204, is the appeal of a case that we blogged on previously, here186187202205205. We won’t…
Why You don’t Want to be a Test Case and How to Stop Serial website Plaintiffs
I hope everyone is enjoying the summer. Here in the Atlanta area, it has gotten really hot, which is to be expected this time of year down here. I just recently got back from Savannah from training municipal judges throughout Georgia on some hot issues they face with respect to the ADA. They were a…
To Buy or Not: The Amicus Brief in Robles and Winn-Dixie
Hope everyone had or is having a happy holiday. Also, baseball season is underway. The Chicago White Sox are up-and-coming, but their time may not be yet. The Chicago Cubs going into the season are one of the top three to go to the World Series. The Atlanta Braves are not going to be so…
Internet as a Place of Public Accommodation and Standing
As I have mentioned previously, I am not afraid to blog on cases blogged on by others. Today, is such a situation. Richard Hunt in his Access Defense blog, which you can find in my blogroll, has blogged on a couple of cases recently, and I thought that I could add my own perspective to…
Department of Justice’s Amicus Brief in Magee v. Coca Cola Refreshments and Brief’s Impact on Title III Web Site Accessibility Litigation
About a year ago, I discussed on my blog the case of MaGee v. Coca-Cola Refreshments USA, Inc., a published decision from the Fifth Circuit, holding that a vending machine was not a place of public accommodation and therefore, Coca-Cola’s machines did not have to comply with the ADA. The case was appealed to…