Access Now, Inc. v. Southwest Airlines Co.

227 F.Supp. 2d 1312 (2002)

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Nature of the Case

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Facts

Congress' stated purposes in enacting the ADA were, among other things, to provide 'a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,' and 'clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.' Today, millions of people across the globe utilize the Internet on a regular basis for communication, news gathering, and commerce. Individuals who suffer from various physical disabilities may be unable to access the goods and services offered on many Internet websites. In light of rapidly developing technology and the accessibility problems faced by numerous visually impaired Internet users, the question remains whether Title III of the ADA mandates that Internet website operators modify their sites so as to provide complete access to visually impaired individuals. D, the fourth largest U.S. airline (in terms of domestic customers carried), was the first airline to establish a home page on the Internet. D reports that 'approximately 46 percent, or over $500 million, of its passenger revenue for first quarter 2002 was generated by online bookings via southwest.com.' Ps contend that D's technology violates the ADA, as the goods and services offered on southwest.com are inaccessible to blind persons using a screen reader. Ps maintain that 'the southwest.com website fails to provide 'alternative text' which would provide a 'screen reader' program the ability to communicate via synthesized speech what is visually displayed on the website.' Ps sued D. Ps' four-count Complaint seeks a declaratory judgment that D's website violates the communication barriers removal provision of the ADA (Count I), violates the auxiliary aids and services provision of the ADA (Count II), violates the reasonable modifications provisions of the ADA (Count III), and violates the full and equal enjoyment and participation provisions of the ADA (Count IV). Ps are seeking an injunction and an order to D to make its website accessible to persons who are blind, and to award Ps attorneys' fees and costs. D moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).