SDNY: online retailers are not covered under the Americans with Disabilities Act

An issue is brewing in the lower federal courts that will have to be resolved in the Second Circuit and then, eventually, in the Supreme Court. It has to do with the scope of the Americans with Disabilities Act and whether online retailers are covered under the statute, enacted in 1990 to prohibit discrimination in public accommodations.

The case is Mejia v. High Brew Coffee, Inc., 2024 WL 4350912, a Southern District ruling issued by Judge Swain on September 30. Plaintiff tried to buy coffee from defendant's website, but due to plaintiff's visual disability, she was unable to complete the transaction because the website's screen-reader was not working. Is this an ADA violation? 

The ADA does not define "place of public accommodation." But, as Judge Swain notes, "It provides that private entities are to be considered public accommodations if their operations affect commerce, and they fall within one of twelve enumerated categories, expressed in the statute as non-exclusive lists of different types of enterprises," including inns, hotels, restaurants, bars, movie theaters, bakeries, etc. But nothing about online retailers, which did not exist when the ADA was enacted 34 years ago. The court notes further that other Circuit Courts, including the Third, Sixth, Seventh, Ninth and Eleventh Circuits, have held that the ADA only covers brick-and-mortar stores and establishments, not virtual establishments. 

The Second Circuit has not yet resolved this issue, but some district courts in the Second Circuit have interpreted the statute to include standalone online retailers, consistent with cases from the First and Seventh Circuits. Judge Swain does not adopt the reasoning in these courts. Under Judge Swain's statutory analysis, the ADA does not cover a case like this. The analysis is complex. For now the plaintiff loses, but this case will be appealed, and due to the Circuit split, there is no doubt the Supreme Court will have to resolve this issue.

JOSE MEJIA, Plaintiff, v. HIGH BREW COFFEE INC., Defendant., No. 1:22-CV-03667-LTS, 2024 WL 4350912, at *2 (S.D.N.Y. Sept. 30, 2024)

it provides that private entities are to be considered public accommodations if their operations affect commerce, and they fall within one of twelve enumerated categories, expressed in the statute as non-exclusive lists of different types of enterprises.

JOSE MEJIA, Plaintiff, v. HIGH BREW COFFEE INC., Defendant., No. 1:22-CV-03667-LTS, 2024 WL 4350912, at *2 (S.D.N.Y. Sept. 30, 2024)