helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear the authors of this chapter dive deeper into website accessibility in this week’s episode.

Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?

In a few jurisdictions, Title III applies only if the website has a nexus to an actual physical space. For instance, the California Court of Appeals recently issued a decision finding that the websites of “online-only” businesses are not places of public accommodation under the ADA or state law. It is a bit early to tell, but the decision is expected to substantially reduce the volume of website accessibility lawsuits filed in California. Organizations should keep in mind, however, that a plaintiff may still satisfy the “nexus” requirement when a website contains information about a brick-and-mortar location, such as store hours, or goods sold at a company’s store.Continue Reading Website Accessibility: An Excerpt from the Advertising Law Tool Kit