Andrews v. Blick Art Materials, LLC
268 F. Supp. 3d 381 (2017)
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Rule of Law:
Title III of the Americans with Disabilities Act (ADA) applies to commercial websites, which are considered 'places of public accommodation.' A website's accessibility is required regardless of whether it has a direct connection or 'nexus' to a physical retail location.
Facts:
- Blick Art Materials, LLC ('Blick') operates a national chain of brick-and-mortar art supply stores.
- Blick also owns and operates the website dickblick.com, which sells art supplies directly to consumers for delivery.
- Victor Andrews is legally blind and relies on screen-reading software to access the internet.
- The dickblick.com website was not designed to be compatible with screen-reading software, rendering it inaccessible to Andrews.
- Due to the website's inaccessibility, Andrews was unable to independently browse products, learn about promotions, or make purchases online as sighted individuals can.
- The website offered goods, services, and promotions, such as online-only coupon codes, that were separate from those available in Blick's physical stores.
Procedural Posture:
- Victor Andrews filed suit against Blick Art Materials, LLC in the United States District Court for the Eastern District of New York, a federal trial court.
- The complaint alleged that Blick's website violated the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), and New York City Human Rights Law (NYCHRL).
- Blick filed a motion to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
- Blick argued that the ADA does not apply to websites, or in the alternative, that the court should dismiss the case based on the primary jurisdiction doctrine or due process violations.
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Issue:
Does Title III of the Americans with Disabilities Act apply to a retail company's website that is inaccessible to visually impaired individuals?
Opinions:
Majority - Jack B. Weinstein
Yes. Title III of the Americans with Disabilities Act applies to a retail company's website because a commercial website is a place of public accommodation. The court rejected the argument that the ADA only applies to physical spaces or websites with a sufficient nexus to a physical store. The court's reasoning is based on several points: 1) It aligns with the broad interpretation of the ADA from the First, Seventh, and Second Circuits, which holds that the ADA guarantees more than just physical access. 2) The statutory text of the ADA, including its title and structure, suggests it covers 'public accommodations' as a broad category of businesses, not just physical 'places.' 3) The ADA is a broad remedial statute that must be construed liberally to effectuate its purpose of eliminating discrimination and integrating individuals with disabilities into the mainstream of American life, which now significantly includes the internet. 4) Limiting the ADA's reach to physical stores would create 'absurd results' and 'potholes of discrimination' by exempting online-only businesses and creating unworkable distinctions between online services connected to a store and those that are not. The court also held that the plaintiff stated valid claims under the similarly interpreted New York State and New York City Human Rights Laws.
Analysis:
This decision contributes to a major circuit split on whether Title III of the ADA applies to websites. By rejecting the narrow 'nexus' test requiring a connection to a physical store, the court significantly broadens the ADA's scope to include the digital realm. This interpretation suggests that even online-only businesses may be considered 'public accommodations' and must ensure their websites are accessible. The ruling reflects a modern understanding of commerce and public life, asserting that anti-discrimination laws must evolve to cover the virtual spaces where society increasingly gathers and transacts.
