National Association of the Deaf

The National Association of the Deaf (NAD) filed an amici curiae (friends of the court) brief with other disability rights advocacy groups in a landmark case brought by Access Now, Inc., and individuals who are visually impaired, against Southwest Airlines. The case focuses on access to information and services provided through the Internet.

The U.S. District Court for the Southern District of Florida Miami Division dismissed the suit. The court ruled that Internet services do not have to comply with the Americans with Disabilities Act (ADA) because the Internet is not a "place" of public accommodation covered under Title III of the ADA. The court concluded further that Southwest Airlines' travel service website, southwest.com, does not exist in any particular geographical location. The court also found no link or connection between southwest.com and a specific, physical, concrete space, suggesting that the website exists only in cyberspace. Therefore, the website did not impede access to a “place” of public accommodation.

“The NAD strongly disagrees with the court’s narrow interpretation of the ADA. The ADA was intended to make society accessible and the Internet is increasing becoming the modern equivalent of the traditional town square where people come together to interact, exchange news and information, as well as conduct business,” said NAD Law and Advocacy Staff Attorney Rosaline Crawford, “We believe that the ADA should be interpreted broadly, that the court erred in this case and that the dismissal should be overturned.”

An appeal has been filed with the U.S. Court of Appeals for the Eleventh Circuit seeking reversal of the lower court's decision to dismiss. The brief argues that Southwest Airlines owns and operates a travel service which is a place of public accommodation and that all aspects of the service, including its website and information provided by means of the website, are subject to the ADA. If the Court of Appeals overrules the decision, this case will support our continuing efforts to ensure equal access to the Internet.

The amicus curiae brief states that:

Communicating, conferencing, sharing information, and transacting business through the Internet is becoming an increasingly important component of mainstream American life. The NAD is committed to ensuring that deaf and hard of hearing Americans have equal access and an equal opportunity to participate in and benefit from the Internet through the use of existing and future web-based technology, including captioning of streaming video, text equivalent of audio players, and other means of making audio transmissions visually accessible.

“This is one of the many issues that the NAD Law and Advocacy Center (LAC) is tackling to address important issues affecting all deaf and hard of hearing individuals as well as other individuals with disabilities,” said NAD Executive Director Nancy Bloch, “This case, in particular, will have tremendous impact on the entire disability community.”

The court's opinion can be found online at http://pdfserver.amlaw.com/nlj/docket/110402access-ruling.pdf.

Established in 1880, the National Association of the Deaf (NAD) is the nation's oldest and largest nonprofit organization safeguarding the accessibility and civil rights of 28 million deaf and hard of hearing Americans across a broad range of areas including education, employment, health care, and telecommunications.