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May 24, 2023

Jon Bomberger Discusses Website Accessibility Lawsuits With Indiana Lawyer

In “Online ADA Compliance? Attorneys Look Forward to Regulations as Caseload Rises,” Indiana Lawyer turned to real estate partner Jon Bomberger for his commentary on the number of website accessibility lawsuits filed in 2022 in federal courts related to Title III of the Americans with Disabilities Act (ADA).

Bomberger explained that some federal courts have ruled the ADA implies that a public accommodation has to be a physical space, while others have ruled that a website can be a public accommodation if it’s used in connection with a physical location. He added that there are other federal courts that have said a website is a public accommodation, regardless of the presence of a physical location.

Bomberger noted that there is also uncertainty regarding the standing of a plaintiff to sue, and some federal courts have tossed cases brought under Title III if the plaintiff can’t demonstrate that they intended to visit and utilize the defendant’s services.

The United States Supreme Court has agreed to hear a case that Bomberger said will hopefully provide clarity on the standing question.

The full article is available for Indiana Lawyer subscribers.

Full Article

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