By Frank Cruz-Alvarez, a Partner in the Miami, FL office of Shook, Hardy & Bacon L.L.P., with Talia M. Zucker, a Partner with Shook, Hardy & Bacon L.L.P. in its Miami, FL office. Mr. Cruz-Alvarez is the WLF Legal Pulse‘s Featured Expert Contributor on Civil Justice/Class Actions.

Enacted in 1990, Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 et seq., provides, in relevant part:

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

With specific rules governing who must comply and how, implementation of this prohibition by qualifying entities, at least in the beginning, was a relatively modest concept in practice.  Unbelievably, despite its broad coverage and specific requirements, the ADA has never discussed the Internet despite its ubiquity in the 21st century.  As a result, application of this prohibition as it relates to accessibility of websites or mobile apps has become increasingly controversial and the target for litigation.