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Texas A&M University School of Law

Texas A&M Journal of Property Law

2022

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Full-Text Articles in Disability Law

Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation, Trevor Paul Feb 2022

Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation, Trevor Paul

Texas A&M Journal of Property Law

Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent on the interpretation of a “place of public accommodation.” District courts within the Minority Approach have …