In Winegard v. Newsday LLC, U.S. District Judge Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (“ADA”) and granted Newsday’s motion to dismiss.

The decision is a first of its kind by a New York federal court, and it goes against several district court decisions to the contrary.

Nevertheless, the court’s well-reasoned and meticulous analysis could be adopted by other judges in the Southern and Eastern Districts of New York, which have been hotbeds for abusive website accessibility shakedown lawsuits.

Originally published in the November/December 2021 edition of The Computer & Internet Lawyer.

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