For Your Data Access Now, Inc. V. Southwest Airlines Co. Instance Brief

Access Now, Inc. v. Southwest Airlines Co. illustration brief summary
227 F. Supp. 2D 1312 (2002)

CASE SYNOPSIS

Plaintiffs, an advocacy grouping in addition to a blind individual, sued accused airline, alleging that the airline's Internet website excluded plaintiffs inwards violation of the Americans With Disability Act (ADA), 42 U.S.C.S. § 12101 et seq. The airline moved to dismiss.

CASE FACTS
Plaintiffs contended that the airline's technology violated the ADA, every bit the goods in addition to services offered on the airline's website were inaccessible to blind persons using a concealment reader.

DISCUSSION

• The courtroom disagreed, belongings that an Internet website, such every bit the airline's, was non a "place of world accommodation" every bit defined past times the ADA because: 
• (1) 42 U.S.C.S. § 12181(7) defined 12 particularized categories of such places, all of which were concrete places of world accommodation; 
• (2) 28 C.F.R. § 36.104 defined "facility" every bit a physical location; 
• (3) to expand the ADA to encompass "virtual" spaces would go to practise novel rights without well-defined standards; and 
• (4) nether the dominion of ejusdem generis, where full general words follow a specific enumeration of persons or things, the full general words were to go express to persons or things like to those specifically enumerated. 
• Also, plaintiffs failed to institute a nexus betwixt the website in addition to a physical, concrete house of world accommodation, such that their access was impeded to a specific physical, concrete space, such every bit a detail airline ticket counter or go agency.

CONCLUSION
The motility to dismiss was granted, in addition to the activity was dismissed amongst prejudice.


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