Access Now, Inc. v. Southwest Airlines Co.
Access Now, Inc. v. Southwest Airlines Co. | |
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11th Cir. 2004) | |
Court membership | |
Judge sitting | Patricia A. Seitz |
Access Now, Inc. v. Southwest Airlines Co., 227 F. Supp. 2d 1312 (S.D. Fla. 2002), was a decision of the
Decisions
Access Now, Inc. v. Southwest Airlines Co., was a decision of the
The main topic that the United States District Court considered was whether Title III of the
Place of Public Accommodation
The main question in the case was the question of internet websites as a "place of public accommodation" as defined by the ADA. The place was defined in such a way that it did not require a detailed understanding of the statute. The
A place of public accommodation was defined by a physical construction of 12 categories and within these constructs a place of public accommodation was given to businesses, whose operation affects the global market ,.[4][5] A public accommodation, as defined by the ADA, is a physical structure that does not cover cyberspace. The plaintiff argued that the website fell under the category of entertainment, as a place of public display or as a sales establishment. The judge was dismissive of such comments as these terms are very subjective and can be answered in a variety of ways.
In determining that statute, the statute must be "plain and have an ambiguous meaning" to its language.[1] It was also determined that section III did not incorporate the use of websites. Unlike this case, the Eleventh Circuit Court case was able to ascertain the congress's intention. The creation of new rights and laws from Congress is needed to develop standards that apply to rights.[6] Similarly, the Congress also denied the expansion of the Act to cover virtual spaces and not just physical space. The congress refused to combine aspects of each accommodation since it was numerous.
The court has explained its limited reading of the ADA in reference to the Eleventh Circuit Court case, in Rendon, where the court has maintained that the telephone selection process for determining an automated telephone selection process of the television show,
References
- ^ a b c d e f g h i "Order Granting Defendant's Motion to Dismiss". Tech Law Journal. Retrieved May 25, 2010.
- ^ "American with Disabilities Act, 42 U.S.C. 12101 et seq". American with Disabilities Act. Archived from the original on July 13, 2011. Retrieved May 20, 2010.
- ^ "United States Code;12182. Prohibition of discrimination by public accommodations". Cornwell University Law School. Retrieved May 20, 2010.
- ^ "United States Code;Definitions. LII". Cornwell University Law School. Retrieved May 20, 2010.
- ^ "Department of Justice ADA Title III Regulation 28 CFR 36". Department of Justice ADA. Archived from the original on May 20, 2010. Retrieved May 20, 2010.
- ^ a b "District Court Holds ADA Does Not Apply to Web Site". Tech law Journal. Archived from the original on June 5, 2010. Retrieved May 20, 2010.
- ^ "Reno v. American Civil Liberties Union (96-511) 521 U.S. 844 (1997)". Cornell University Law School. Archived from the original on May 14, 2010. Retrieved May 17, 2010.
External links
- Text of Access Now, Inc. v. Southwest Airlines Co., 227 F. Supp. 2d 1312 (S.D. Fla. 2002) is available from: CourtListener Google Scholar Justia
- "ADA's "public accommodation" requirement does not extend to Web sites.(Americans with Disabilities Act)(Access Now, Inc. v. Southwest Airlines, Co.)". The Computer & Internet Lawyer. January 1, 2003.