Last week the 11th Circuit added new offshoots to the already tangled body of legal precedent addressing if, when, and to what extent the Americans with Disabilities Act applies to websites. In a significant decision, the 11th Circuit concluded that websites are not public accommodations covered under the ADA. However, the court seemingly begged Congress to weigh in on the difficulties individuals with disabilities encounter while using websites, noting that "the details concerning whether and how these difficulties should be resolved is a project best left to Congress." Until Congress or the Supreme Court clarify, plaintiffs almost certainly will continue to find friendly venues to litigate this issue. From a legal and business perspective, it remains important for entities to continue prioritizing website accessibility.
Someday, either the U.S. Congress or the U.S. Supreme Court is going to have to figure out what obligation businesses owe to disabled customers who want to use their websites and mobile apps.