Burr & Forman

01.9.2020   |   Articles / Publications

ADA Title III Compliance for Restaurant Websites and Apps,” Modern Restaurant Management

In an article published in Modern Restaurant Management on January 8, 2020, Caroline Page and Carlton Hilson provide insight on how restaurant owners can ensure their websites meet accessibility laws in relation to recent violations under ADA.

Title III of the Americans with Disabilities Act (ADA) prohibits places of public accommodation from discriminating against individuals with disabilities. Most restaurants have now become familiar with Title III compliance when it comes to modifying facilities and procedures – enabling disabled patrons to have equal access to goods and services. Restaurants, however, may not have considered whether their websites are equally accessible under ADA Title III.

According to Page and Hilson, restaurants seeking to become ADA compliant may be understandably confused about their obligations.

Websites have no physical location, raising a common question: how can a website be considered a “place” of public accommodation subject to ADA Title III’s accessibility requirements. Recently, federal courts within the First, Second and Seventh Circuits have held that websites are “places” under ADA Title III and therefore should be accessible to disabled patrons.

Restaurants should exercise caution, however, when utilizing websites and apps that are heavily integrated with ordering without assessing accessibility for disabled patrons; and also should note that websites and apps can lead to Title III claims and assess options for accessibility.

For the full article, you may click here.

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