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No decision from the Appeals court was Re: [webwatch] Disabilities Act doesn't cover Web, court says

for

From: Jim Thatcher
Date: Sep 28, 2004 9:44AM

This case, from a Florida District Court alleged that Southwest.com, being
inaccessible, violated the ADA - because they held, Southwest.com was a
place of public accommodation and therefore fell under Title III of the ADA.


This decision of the Appellate Court offers nothing new. On appeal, the case
was made that Southwest.com was a "travel service" and thus subject to ADA.
The appellate brief and oral arguments didn't even allege that Southwest.com
is a place of public accommodation. The Appellate court ruled on neither
issue. They didn't rule on the travel service idea because that was not
raised in the District Court. They didn't rule on the public accommodation
issue because the appeal didn't raise that issue. They dismissed the appeal
on procedural grounds and did not consider the question of "public
accommodation."

The judge did recognize the importance of the issues: "In declining to
evaluate the merits of this case, we are in no way unmindful that the legal
questions raised are significant," wrote Judge Stanley Marcus.

News article (http://news.zdnet.com/2100-9588_22-5384087.html)
Opinion (PDF) (http://caselaw.lp.findlaw.com/data2/circs/11th/0216163p.pdf)



Jim

Accessibility Consulting: http://jimthatcher.com/
512-306-0931