Websites With No ‘Physical Location’ Not Covered Under ADA: Defense

Unlike other defendants that quickly settled allegations that their websites were inaccessible to the blind and visually impaired in violation of the Americans with Disabilities Act, defendant American International Industries joined the fight against plaintiff Ramon Fontanez and moved Friday (docket 1:22-cv-05583) in U.S. District Court for Southern New York for dismissal of his complaint. Because,“as most courts that have examined the statute have recognized,” Congress never intended to include “virtual businesses” within the scope of the ADA, the Fontanez claims “fail as a matter of law and should be dismissed,” it said. American International "as a matter of law" operates a website, but does not have a "public-facing physical location," it said. "As such, it is not a place of public accommodation" under the ADA, "and therefore, is not covered by the statute," it said.