I was surprised last month to see a major national law firm suggest, in its ADA blog, that internet businesses are legally required by the ADA to create accessible websites, and need to consult a lawyer about that requirement. While it is undoubtedly true that creating an accessible web site is good public relations, it is uncertain whether it is required by the ADA. Here is a brief look at where things stand, and a recommendation about who you need to consult.

The courts will ultimately decide what the ADA requires in terms of internet access. Right now we have a very clear decision from the Ninth Circuit Court of Appeals holding that a web site is not a place of public accommodation and is therefore not subject to the ADA. Recent district court decisions in the Ninth Circuit follow this precedent, and the Ninth Circuit remains the highest federal court to address the issue. More