CA Supreme Court to Review DPA Case

The California Supreme Court granted a request from the Ninth Circuit to decide the following question of California law:

“The California Disabled Person Act, Cal. Civ. Code Sections 54 et seq. (‘DPA’) provides that ‘[i]ndividuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities…and privileges of…places of public accommodation…and other places to which the general public is invited.’ Id. Section 54.1(a)(1). Does the DPA’s reference to ‘places of public accommodation’ include web sites, which are non-physical places?”

This question came before the Ninth Circuit in Greater Los Angeles Agency on Deafness, Inc. v. CNN, No. 12-15807 (9th Cir. 2014), where CNN was sued by the Greater Los Angeles Agency on Deafness because its online videos were not closed captioned and therefore inaccessible to individuals with hearing impairments.

I wrote an article about this case analyzing the business implications for an expansion of disability access laws to websites for the Los Angeles Daily Journal. I will keep you posted on any new developments with respect to this case.