By Richard Hunt
Two decisions from opposite ends of the country highlight an unresolved issue that should be of real concern to many businesses. In the Northern District of California Netflix persuaded the Court to dismiss an ADA complaint based on the lack of subtitles on its streaming video content. The reason was simple – a “place of public accomodation” within the meaning of the ADA only applies to physical, not virtual places. Thus, as a practical matter services offered through the web are exempt from the accessibility provisions in Title III of the ADA. At almost the same time the District Court in Massachusetts refused to dismiss an ADA claim against Netflix. The Massachusetts court had no trouble finding that cyberspace can be a “place” covered by the ADA. More