Legion Brewing SouthPark
5610 Carnegie Blvd
Charlotte, NC 28209
Overview (Program Summary)
Title III of the Americans with Disabilities Act (“ADA”) requires that public accommodations must be provided to disabled persons to allow for the “full and equal enjoyment” of the related privileges, goods, services, advantages and accommodations as those provided to able-bodied persons. Any such accommodations must be made with “reasonable modification.” The statute provides for various examples of where public accommodations must be provided, including locations such as an inn, a restaurant, a theater, an auditorium, a bakery, a laundromat, a depot, a museum, a zoo, a nursery, a day care center, and a gymnasium. The ADA does not, however, address websites as they did not exist at the time the statute was passed and Congress has not yet addressed the applicability of the ADA to websites. With that, courts have provided guidance with respect to the application of the ADA to website accommodation, though that guidance has not always been consistent. Recent litigation trends reveal that retailers are particularly vulnerable to ADA class action litigation challenging website and mobile app accommodations (or alleged lack thereof).
John G. McDonald, Partner at McGuireWoods LLP