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1 1 (October 20, 2022)

handle is hein.crs/govejbn0001 and id is 1 raw text is: Congressional '.Research Service The Americans with Disabilities Act in Cyberspace: ADA Applicability to Websites October 20, 2022 In 1990, passage of the Americans with Disabilities Act (ADA) required businesses nationwide to accommodate people with disabilities. Under the statute's terms, for example, a motion picture house or other place of exhibition or entertainment may not turn someone away because she uses a wheelchair, must provide wheelchair seating with lines of sight comparable to standard seating, and must close- caption movies so deaf patrons can understand the dialogue. But one question courts have long struggled with is how the ADA applies, if at all, to cyberspace businesses. For instance, in 2022, is Netflix a place of exhibition or entertainment covered like a physical motion picture house? Some have claimed that courts' inconsistent conclusions about how to apply the ADA in this context have encouraged forum shopping (filing suit in the most favorable jurisdiction). Advocates for businesses and for people with disabilities alike have called for regulatory and legislative action. The Department of Justice (DOJ), charged with enforcing the relevant provisions of the ADA, recently attempted to clarify the agency's view, issuing guidance on cyberspace accessibility. This Legal Sidebar discusses the ADA's text and history, then looks at judicial assessment of whether and when the ADA applies to websites and web applications. Next, it discusses DOJ's views and closes with considerations for Congress, including potential legislative measures to clarify if and when the ADA applies to websites and web applications. Another Sidebar addresses how the ADA's accessibility mandate may apply to websites-in particular, it describes potential standards to determine a website's ADA compliance. What Is a Public Accommodation? Defining the ADA's Reach Title III of the ADA applies to public accommodations, that is, businesses and nonprofits open to the public that fall within the statute's specified categories. Those categories were targeted at historically brick-and-mortar businesses, which are then subject to accessibility and modification requirements. Many courts, commentators, and agencies have long argued that the statutory text, written in a different era as far as web commerce is concerned, leaves doubt about whether and how the statute applies in cyberspace. Congressional Research Service https://crsreports.congress.gov LSB10844 CRS Legal Sidebar Prepared for Members and Committees of Congress

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