FW: fyi- Fifth Circuit Avoids Ruling on Internet Coverage

["Gregg Vanderheiden" <GV@trace.wisc.edu>]

Fifth Circuit Avoids Ruling on Internet Coverage-
The U.S. Court of Appeals for the Fifth Circuit in Hooks v. OKBridge did not
reach the issue of ADA internet coverage in dismissing a suit against a
commercial website on which customers can play bridge for a fee. The
plaintiff alleged that he was terminated from membership at the site because
he has bipolar disorder. The U.S. District Court for the Western District of
Texas earlier ruled against the plaintiff, because it believed that a
company providing services over the internet is not a physical place of
public accommodation under the ADA and that defendant was exempt from the
ADA as a R20;private club.R21; On appeal, the Department filed an amicus
brief with the Fifth Circuit arguing that public accommodations under title
III are not limited to companies providing services to customers at a
physical location and that the entertainment or recreation services provided
by OKBridge make it a place of public accommodation. The brief also argued
that the OKBridge website is not a private club because it is a
profit-making business with more than 18,000 fee-paying members in over 90
countries. The Fifth Circuit ruled that OKBridge did not violate the ADA
because it was not aware of the plaintiffR17;s alleged disability when it
terminated his membership.


-- ------------------------------
Gregg C Vanderheiden Ph.D.
Professor - Human Factors
Depts of Ind. and Biomed. Engr. - U of Wis.
Director - Trace R & D Center
Gv@trace.wisc.edu, http://trace.wisc.edu/
FAX 608/262-8848
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