, Derry, New Hampshire


August 30, 2012

The ADA can apply to Internet businesses


That lawsuit claimed that Target’s website failed to use invisible “alternative text” code that can be used on Internet sites to allow the blind to use screen reading software to vocalize the text and describe the content of the web page. Target settled the case.

Decisions holding that ADA applies to the Internet exist now in four of the circuits of the federal court system. Decisions in three circuits have held the opposite. So, this may ultimately be decided by the U.S. Supreme Court.

Enacted in 1990 during the fledgling days of the Internet, ADA made no reference to the web. But, the court warned in the Netflix case that in a society where business is increasingly conduced online, excluding Internet businesses from ADA would “run afoul of the law.”

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