Access Now, Inc. v. Southwest Airlines (S.D. Fla., 2002)
Background & Claims:
Access Now sued Southwest Airlines in 2002, claiming its website was not accessible to
a legally blind plaintiff, arguing it qualified as a “public accommodation” under ADA.
Court Proceedings:
Judge Seitz ruled that the ADA’s Title III applies only to physical, tangible
accommodations—not “virtual ticket counters.” Southwest’s website was not a place of
public accommodation because it lacked a geographic nexus.
Outcome & Impact:
The court’s dismissal was affirmed, establishing a contrasting view to the Ninth Circuit.
This case is foundational in the ongoing circuit split over whether online platforms fall
under ADA coverage without a physical nexus